Assistant Commissioner of Income Tax, Circle-1, Bharuch V. M/s Indo Baijin Chemicals Private Limited, Bharuch

ITA 227/SRT/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4102 (ITAT-SURAT)
• Duration Of Justice: 1 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 28-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIL DHAKA
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI O. P. MEENA, ACCOUNTANT MEMBER AND MS.MADHUMITA ROY, JUDICIAL MEMBER S.N O. . . ./I.T.A NO. /A Y: APPELLANT V. /RESPONDENT 1 1258/ AHD /2016 2011 - 12 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 2, BHARUCH V . NARMADA CLEAN TECH LTD, SURTI BHAGO, NR. GUJARAT G AS, UMARWADA ROAD, ANKLESHWAR, DIST.BHARUCH-393001 [PAN: AABCB4070D] 2 2065/ AHD /2016 2009 - 10 DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), VADODARA. V . GUJARAT CHEMICAL PORT TERMINAL CO. LTD, PO: LAKHIGAM, VIA DAHEJ, TAL. VAGRA, DIST. BHARUCH-392130 [PAN: AAACG6861A] 3 3274/ AHD /2016 2012 - 13 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 2, BHARUCH V . M/S. JAYSHREE AROMATICS PVT. LTD., PLOT NO.4703, 4704, 4705/1-4 GIDC ESTATE, ANKLESHWAR, DIST. BHARUCH [PAN: AABCJ8258R] 4 227/ AHD /2018 2014 - 15 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1, BHARUCH V . M/S. INDO BAIJIN CHEMICALS PVT. LTD, PLOT NO.Z-7/1, SEZ AREA, DAHEJ SEZ LTD, VAGRA, BHARUCH. [PAN: AACCI6317D] 5 719/SRT/2018 2010 - 11 DY. COMMISSIONER OF INCOME TAX, CIRCLE-1, BHARUCH V . SHREE R.R. CONSTRUCTION, C-6, SAIRAM COMPLEX, ZADESHWAR-GNFC ROAD, BHARUCH. [PAN: ABFFS4612L] 6 355/SRT/2018 2012 - 13 ASSISTANT COMMISSIONER OF INCOME, CIRCLE-1, BHARUCH V . BHARUCH DISTRICT CENTRAL CO - OP BANK LTD, JAVAHAR BHAVAN, OPP. SHALIMAR STATION ROAD, BHARUCH-392001. [PAN: AAABT0073E] 7 357/SRT/2018 2013 - 14 DY. COMMISSIONER OF INCOME TAX, CRICLE-2, BHARUCH V . M/S. YASH RASAYAN & CHEMICALS, 417, PHASE-II, GIDC INDUSTRIAL ESTATE, PANOLI, DIST. BHARUCH-394116. [PAN: AAAFY1790R] 8 460/SRT/2018 2014 - 15 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1, BHARUCH V . BARODA GUJARAT GRAMIN BANK, SKY LINE BUILDING, 2ND FLOOR, NR. SHEETAL GUEST HOUSE, BHARUCH [PAN: AABTB0390F] 9 356/SRT/2018 2012 - 13 DY. COMMISSIONER OF INCOME TAX, CIRCLE-2, BHARUCH V . M/S. N.A. SHAIKH, PLOT NO.1, OLD SHOPPING CENTRE, OPP. ROSHAN CINEMA, 2 GIDC ESTATE, ANKLES HWAR, DISS. BHARUCH-393002. [PAN: AABFN9617R] 1 0 2635/ AHD /2014 2010 - 11 ASST. COMMISSIONER OF INCOME TAX, BHARUCH CIRCLE, BHARUCH. V . GUJARAT INSECTICIDES LTD., PLOT NO.805/806, GIDC ESTATE, ANKLESHWAR. [PAN: AAACG8436D] 1 1 2314/ AHD /2014 2007 - 08 ASST. COMMISSIONER OF INCOME TAX, BHARUCH CIRCLE, BHARUCH. V . GUJARAT INSECTICIDES LTD., PLOT NO.805/806, GIDC ESTATE, ANKLESHWAR. [PAN: AAACG8436D] 1 2 2518/ AHD /2016 2011 - 12 INCOME TAX OFFICER, WARD-1(4), BHARUCH. V . SAMRUDDHI DEVELOPERS, G-7, INDRAPRASTHAPPARTMENT, ZADESHWAR ROAD, BHARUCH 392001. [PAN: ABJFS1223M] 1 3 2280/AHD/2010 2003 - 04 DCIT, BHARUCH CIRCLE, BHARUCH. V . BELL CERAMICS LIMITED, 78-79, SURYAKIRAN COMPLEX, OLD PADRA ROAD, OPP. BANKERS HEART INSTITUTE, BARODA. [PAN: AAACB9403B] ASSESSEE BY SHRI MANISH J.SHAH ADV., SHRI ARTI N.SHAH - CA, WRITTEN SUBMISSIONS & NONE. REVENUE BY SHRI SREENIVAS T. BIDARI - CIT(DR) & SHRI ANIL DHAKA SR.DR DATE OF HEARING 23.08.2019 DATE OF PRONOUNCEMENT 23.08.2019 /ORDER PER BENCH: 1. THE ABOVE MENTIONED 13 APPEAL(S) FILED BY THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDER(S) OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, 3 AND 4, VADODARA OF VARIOUS DATES FOR THE AFOREMENTIONED ASSESSMENT YEARS. 2. WE HAVE HEARD THE ABOVE APPEAL (S), AND FIND THAT THE TAX EFFECT INVOLVED, IS BELOW RS.50LAKHS. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 [F.NO.279/ MISC.142/ 2007-ITJ (PT)]BY AMENDING PARA 3 OF CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 HAS ENHANCED THE MONETARY 3 LIMIT FOR FILING OF APPEAL BEFORE TRIBUNAL AT RS.50 LAKHS AND HAS ALSO REMOVED ANOMALY IN PARA 5 OF SAID CIRCULAR NO. 3/2018.WE FIND THAT THE PRESENT CASES DO NOT FALL WITHIN THE EXCEPTIONS CLAUSE 10 OF SAID CIRCULAR NO.3/2018. FURTHER, THE ABOVE CIRCULAR IS ALSO APPLICABLE TO ALL PENDING APPEALS AS CLARIFIED BY THE CBDT VIDE LETTER DATED 20.08.2019 [F. NO. 279/MISC./M- 93/2018-ITJ] AND IN THE LIGHT OF JUDGEMENT OF HON`BLE SUPREME COURT IN THE CASE OF PR. CIT, JAIPUR V. MEENAKSHI MODI SLP (CIVIL) DIARY NO. 25076 OF 2019-DATED 16.08.2019 WHEREIN THE HON`BLE SUPREME COURT HAS DISMISSED THE APPEAL OF REVENUE, AS TAX INVOLVED WAS LESS THAN RS. 2 CRORES. THEREFORE, THE PRESENT APPEALS ARE NOT MAINTAINABLE AS PER ABOVE CIRCULAR NO.17/2019, HENCE DISMISSED AS WITHDRAWN. HOWEVER, THE REVENUE IS AT LIBERTY TO APPROACH TO THIS TRIBUNAL FOR RECALLING THIS ORDER, IF IT COMES TO THE NOTICE OF THE AO THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED UNDER THE SAID CIRCULAR OR THE APPEAL(S) IS FALLS WITHIN THE AMBIT OF THE EXCEPTIONS PROVIDED UNDER THE SAID CIRCULAR. 3. IN THE RESULT, ALL THE ABOVE CAPTIONED APPEALS OF THE REVENUE ARE DISMISSED AS WITHDRAWN. 4. THE ORDER PRONOUNCED IN THE OPEN COURT ON 23.08.2019. SD/- SD/- (MADHUMITA ROY) (O.P.MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT: DATED: 23 RD AUGUST, 2019/ S.GANGADHARA RAO, SR.PS COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT