The DCIT, (International Taxation) - I, Ahmedabad V. Joshi Technologies International Inc., Ahmedabad

ITA 2256/AHD/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6230 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 30-03-2020
• Assessment Year: 2003-2004
• Appeal Filed On: 30-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: YOGESH G SHAHA R
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) ( THROUGH VIRTUAL COURT ) ITA. NOS: 2256 & 2257/AHD/2015 (ASSESSMENT YEARS: 2003-04 & 2004-05) THE DEPUTY COMMISSIONER OF INCOME-TAX & ACIT (INTERNATIONAL TAXATION), AHMEDABAD V/S JOSHI TECHNOLOGIES INTERNATIONAL INC. 701, PARSHWANATH E SQUARE CORPORATE ROAD, PRAHLADNAGAR, SATELLITE, AHMEDABAD-380015 (APPELLANT) (RESPONDENT) PAN: AAACJ9592P APPELLANT BY : SHRI VINOD TANWANI, SR. D.R. RESPONDENT BY : SHRI YOGESH G. SHAH,A.R. ( )/ ORDER DATE OF HEARING : 19 -08-2020 DATE OF PRONOUNCEMENT : 21-08-2020 PER MAHAVIR PRASAD, J.M. 1. THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-13, AHMEDABAD DATED 29.05.2015 PERTAINING TO A.Y. 2003-04 & 2004-05. ITA NOS. 2256 & 2257/AHD/2015 . A.YS. 2003-04 & 2004-05 2 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEAL FILED BY THE REVENUE IS HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 279/MISC/M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DATED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE TO ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTION, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE. 3. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED THE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 21- 08- 2020 SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 21/08/2020 RAJESH COPY OF THE ORDER FORWARDED TO:- 1. THE APPELLANT. 2. THE RESPONDENT.