The ITO, Ward-5(2)(3), Ahmedabad V. Shri Umeshsinh Pratapsinh Thakor, Ahmedabad

ITA 2286/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4114 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 06-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIJAY RANJAN A R
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SMT. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO. 2286/AHD/2016 ( ASSESSMENT YEAR : 2011-12) I.T.O., WARD-5(2)(3), AHMEDABAD / VS. UMESHSINH PRATAPSINH THAKOR, NAVO VAS, BHUDARPURA GAM, AMBAWADI, AHMEDABAD ././ PAN/GIR NO. : AENPT8809B ( APPELLANT ) .. ( !' / RESPONDENT ) # / APPELLANT BY : SHRI ALOK KUMAR, SR. D.R. !' $# / RESPONDENT BY : SHRI VIJAY RANJAN, A.R. % &'($) DATE OF HEARING 02/07/2018 *+, $) / DATE OF PRONOUNCEMENT 09/08/2018 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE CIT(A)-5, AHMEDABA D (CIT(A) IN SHORT), DATED 09.06.2016 ARISING IN THE ASSESSMENT ORDER DATED 30.03.2015 PASSED BY THE ASSESSING OFFICER (AO) UND ER S. 143(3) ITA NO. 2286/AHD/16 [ITO VS. UMESHSINH P. THAKOR] A.Y. 2011-12 - 2 - R.W.S. 147 OF THE INCOME TAX ACT, 1961 (THE ACT) CO NCERNING ASSESSMENT YEAR 2011-12. 2. AFTER THE HEARING ON 02.07.2018, IT IS NOTICED A T THE TIME OF DICTATION THAT THE CBDT HAS COME OUT WITH A CIRCULA R NO. 3 OF 2018 DATED 11.07.2018 WHEREBY THE PREVIOUS THRESHOLDS OF TAX EFFECT FOR MAINTAINABILITY OF REVENUES APPEALS STANDS REVISED WITH A VIEW TO TONE DOWN THE RIGOURS ON ASSESSEE IN APPROPRIATE CA SES. AS PER THE AFORESAID CIRCULAR, ALL PENDING APPEALS FILED BY TH E REVENUE ARE LIABLE TO BE DISMISSED AS WITHDRAWN/NOT PRESSED WHERE THE TAX EFFECT ON THE DISPUTED ISSUES DOES NOT EXCEED REVISED MONETARY LI MITS OF RS.20 LAKHS BEFORE THE APPELLATE TRIBUNAL SUBJECT TO CERT AIN EXCEPTIONS. IN THE INSTANT CASE, THE DISPUTED ISSUE INVOLVES DELET ION OF DISALLOWANCE OF RS.38,60,911/- THE TAX EFFECT ON WHICH APPARENTL Y DOES NOT EXCEED THE REVISED MONETARY LIMIT OF RS.20 LAKHS. IN THIS VIEW OF THE MATTER, WE ARE NOT INCLINED TO ADJUDICATE THE DISPUTE ON ME RITS OWING TO SHIFT IN POLICY OF THE APEX BODY OF REVENUE IN THE MATTER OF REVENUE APPEAL. THUS, APPEAL FILED BY THE REVENUE AS FOUND HIT BY CIRCULAR 3 OF 2018 IS REQUIRED TO BE DISMISSED IN LIMINE . 3. WHILE THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE IN VIEW OF THE REVISED THRESHOLDS OF M ONETARY LIMITS, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON ITA NO. 2286/AHD/16 [ITO VS. UMESHSINH P. THAKOR] A.Y. 2011-12 - 3 - SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCU LAR IN ANY MANNER. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. SD/- SD/- (MADHUMITA ROY) (PRADIP K UMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 09/08/2018 TRUE COPY S. K. SINHA / COPY OF ORDER FORWARDED TO:- ..' / REVENUE 2.' / ASSESSEE 0. ) % 1) / CONCERNED CIT 4. % 1)- / CIT (A) 4.5'67!8)8& 9 9 / DR, ITAT, AHMEDABAD :.7;<= / GUARD FILE. BY ORDER / 9 / 9 THIS ORDER PRONOUNCED IN OPEN COURT ON 09/08/2 018