The Dy. Commr. Income Tax, Circle, Surendranagar V. Mr. Deepakkumar Ramniklal Shah, Surendranagar

ITA 25/RJT/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0122 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 16-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARVIND N SONTAKKE
• Assessee Lawyers: RAVI TANNA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: SHR I S. S. GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER [CONDUCTED THR OUGH E - COURT AT AHMEDABAD] DCIT CIRCLE SURENDRANAGAR (APPELLANT) VS MR. DEEPAK KUMAR RAMNIK LAL SHAH, MAHAJAN BUILDING, SATTA HALL, SURENDRANAGAR AND 6, KUSUMNAGAR PLOT, B/H PRATHIS THA FLATS, NEAR GUJARAT SOCIETY, PALDI, AHMEDABAD - 387007 PAN: AGDPS4565M (RESPONDENT) REVENUE BY : S H RI ARVIND N. SONTAKKE , SR. D . R. ASSESSEE BY: S H RI RAVI TANNA , A.R. DATE OF HEARING : 04 - 10 - 2 016 DATE OF PRONOUNCEMENT : 17 - 10 - 2 016 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THI S REVENUE S APPEAL FOR A.Y. 2007 - 08 , AR ISES FROM ORDER OF THE CIT(A) - XVI, AHMEDABAD DATED 05 - 11 - 2014 IN APPEAL NO. CIT(A) - I T A NO . 25 / RJT /20 15 A SSESSMENT YEAR 2007 - 08 I.T.A NO. 25 /RJT /20 15 A.Y. 2007 - 08 PAGE NO D CI T VS. SHRI DEEPAK KUMAR RAMNIK LAL SHAH 2 XVI / ACIT / CIR/SNR/89/2013 - 14 , IN PROCEEDINGS UNDER SECTION 143(3 ) R.W.S. 14 7 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE REVENUE S SOLE SUBSTANTIVE GROUND CHALLENGES THE LOWER APPELLATE ORDER DELETING THE ADDITION MADE BY THE ASSESSING OFFICER OF RS . 2,86,555 / - ; MADE IN ASSESSMENT ORDER DATED 20 - 03 - 2013 . THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S P ENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THIS REVENUE S APPEAL IS DIS MISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OUR T ON 17 - 10 - 201 6 SD/ - SD/ - ( S. S. GODARA ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 17 /10 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE I.T.A NO. 25 /RJT /20 15 A.Y. 2007 - 08 PAGE NO D CI T VS. SHRI DEEPAK KUMAR RAMNIK LAL SHAH 3 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT