ITO, Ward-3(3)(2), Ahmedabad V. Kachrajee mafataji Thakor, Ahmedabad

ITA 2382/AHD/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9181 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 01-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Keywords: Tax effect
• Section: 143(3); 54B

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO. 2382/AHD/2017 ( ASSESSMENT YEAR : 2014-15) INCOME-TAX OFFICER WARD-3(3)(2), ROOM NO. B-502, 5 TH FLOOR, PRATYAKSH KAR BHAVAN, PANJARA POLE, AMBAWADI, AHMEDABAD - 380015 / VS. KACHRAJEE M. THAKOR 9, MAFTAPARA VAS, B/H. PRIMARY SCHOOL, JODHPUR, AHMEDABAD 380015 ./ ./ PAN/GIR NO. : ACJPT2393Q ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI L. P. JAIN, SR.D.R. / RESPONDENT BY : SHRI JIGNESH PARIKH, A.R. DATE OF HEARING 23/09/2019 !'# / DATE OF PRONOUNCEMENT 04/10/2019 / 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 COMMISSIONER OF INCOME TAX (APPEALS)-13, AHMEDABAD (CIT(A) IN SHORT), DATED 16.08.2016 ARIS ING IN THE ASSESSMENT ITA NO. 2382/AHD/17 [ITO VS. KACHRAJEE M. THAKOR] A.Y. 2014-15 - 2 - ORDER DATED 30.09.2016 PASSED BY THE ASSESSING OFFI CER (AO) UNDER S. 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCER NING AY 2014-15. 2. THE SUBSTANTIVE GROUND OF APPEAL RAISED BY THE REVENUE READS AS UNDER:- 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS I N DELETING THE ADDITION MADE BY THE AO ON ACCOUNT OF DISALLOWANCE OF EXEMPTION U/S 54B OF THE ACT OF RS. 67,66,350/- WITHOUT CONSIDERING THE FACT THAT THE ASSESSEE HAS NOT PRODUCED THE DETAILS REGARDING CROP SOWN OR BILLS OF THE AGRICULTURAL IN COME. 2. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN CONSIDERING THE ASSESSEE'S PLEA ON THE PRESUMPTION THAT THE QUANTITY OF PRODUCE IS SO SMALL THAT IT IS SELF CONSUMED, NEITHER VALUED NOR SOLD IN THE MARKET. 2. THE LD. CIT(A) HAS ERRED IN CONSIDERING THE AS SESSEE'S AFFIDAVIT WITHOUT APPRECIATING THE FACT THAT THE DOCUMENTS OF IMPUGNE D LAND NOWHERE SHOWS THE AGRICULTURAL PRODUCE SOWN BY THE ASSESSEE. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEAL FILED BY THE REVENUE IS HI T BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISI NG 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 T O ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTION, AL L 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, T HE 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 REQUIR ED TO BE DISMISSED IN LIMINE . 4. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APP EAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO ITA NO. 2382/AHD/17 [ITO VS. KACHRAJEE M. THAKOR] A.Y. 2014-15 - 3 - SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICA BILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 04/10/2019 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 04/10/2 019