The ITO, Ward-1(2), Ahmedabad V. M/s. Anand Trade Movers (Guj.) Pvt. Ltd., Ahmedabad

ITA 2344/AHD/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6350 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 06-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: GM THAKOR
• Keywords: Retrospective amendment; Tax effect
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA NO. 2344/AHD/2015 (ASSESSMENT YEAR: 2010-11) D.C.I.T., CIRCLE 1(1)(1), AHMEDABAD APPELLANT VS. M/S. ANAND TRADE MOVERS (GUJ.) PVT. LTD., C/41, TAKSHASHILA TOWERS, NR. NALANDA SHOPPING COMPLEX, VASTRAPUR, AHMEDABAD - 380015 RESPONDENT PAN: AAGCA0231Q /BY REVENUE : SHRI PRASOON KABRA, SR. D.R /BY ASSESSEE : SHRI G. M. THAKOR, ADV. /DATE OF HEARING : 02.01.2018 /DATE OF PRONOUNCEMENT : 04.01.2018 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2010-11 A RISES AGAINST THE CIT(A)-1, AHMEDABADS ORDER DATED 26.05.2015 IN CAS E NO. CIT(A)-VI/ITO, WARD-1(2)/100/2013-14 NOW 44/CIT(A)-1, IN PROCEED INGS U/S.143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. WE NOTICE AT THE OUTSET THAT THE REVENUES ABOVE SOLE SUBSTANTIVE GROUND CHALLENGES THE CIT(A)S ORDER INTER ALIA DELETING T HE ADDITION OF RS.13,92,946/- MADE U/S. 14A OF THE ACT INVOLVES TAX EFFECT LESS T HAN RS.10LACS HELD TO BE THE ITA NO. 2344/AHD/15 [DCIT VS. M/S. ANAND TRADE MOVE RS (GUJ.) PVT. LTD.] A.Y. 2010-11 - 2 - PRESCRIBED LIMIT AS PER CBDTS CIRCULAR NO. 21/2015 DATED 10.12.2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENTS PENDING APPEAL S BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE A BOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARDS CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THE REVENUES APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. [PRONOUNCED IN THE OPEN COURT ON THIS THE 4 TH DAY OF JANUARY, 2018.] (AMARJIT SINGH) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD: DATED 04/01/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0 ITA NO. 2344/AHD/15 [DCIT VS. M/S. ANAND TRADE MOVE RS (GUJ.) PVT. LTD.] A.Y. 2010-11 - 3 - 1.DATE OF DICTATION DIRECT ON COMPUTER ON 02.01.20 18 AS PER LOW TAX EFFECT FORMAT 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E OTHER MEMBER 02.01.2018 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 04.01.2018 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 04.01.2018 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 04.01.2018 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 04 .01.2018 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER