The ITO, (International Taxation)- 1, Ahmedabad V. Shri Susanto Purnamo, Ahmedabad

ITA 253/AHD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1399 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 06-06-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 02-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD I BENCH BEFORE: S H RI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER THE ITO (INTERNATIONAL TAXATION) - 1, 212, 2 ND FLOOR, NAVJEEVAN TRUST BUILDING, B/H, GUJARAT VIDYAPITH, ASHRAM ROAD, AHMEDABAD - 09 (APPELLANT) VS SHRI SUSANTO PURNAMO, C/O SHRI SHAILESH A. SHAH, C.A., 2, NILIMA PARK, NEX T TO RASRANJAN, NEAR VIJAY CROSS ROAD, UNIVERSITY ROAD, AHMEDABAD - 380009 PAN: BHGPP7104Q (RESPONDENT /CROSS OBJECTOR ) REVENUE BY : S H RI DILEEP KUMAR , SR. D . R. ASSESSEE BY: S H RI DHINAL SHAH , A.R. DATE OF HEARING : 06 - 06 - 2 016 DATE OF PRONOUNCEMENT : 09 - 06 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THIS REVENUE S APPEAL AND ASSESSEE S CROSS OBJECTION FOR A.Y. 2010 - 11 , AR ISE FROM ORDE R OF THE CIT(A), GANDHINAGAR DATED 05 - 11 - 2014 IN APPEAL NO. CIT(A)/GNR/26 & 66 / INTL. TAXN./2013 - 14 , IN I T A NO . 253 & CO NO. 42 / A HD/20 15 A S SESSMENT YEAR 2010 - 11 I.T.A NO. 253 & CO NO. 42 /AHD/20 15 A.Y. 201 0 - 11 PAGE NO ITO (INTERNATIONAL TAXATION) VS. SHRI SUSANTO PURNAMO 2 PROCEEDINGS U NDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. LEARNED COUNSEL OF THE ASSESSEE INVITES OUR ATTENTION TOWARDS NET TAX EFFECT INVOLVED IN THIS APPEAL AS RS. 5,60,530/ - I.E. LESS THAN RS. 10 LACS. LEANED DEPARTMENTAL REPRESENTATIVE DOES NOT REBUT THE SAME. 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10 - 12 - 2015 CLEARLY ENVIS AGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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. CROSS OBJECTION IS NOT PRESSED BY THE ASSESSEE. THE SAME IS DISMISSED AS NOT PRESSED. 4 . THUS, T HIS REVENUE S APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. ASSESSEE S CROSS OBJ ECTION IS ALSO DISMISSED AS NOT PRESSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 09 - 06 - 201 6 SD/ - SD/ - ( PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 09 /06 /2016 I.T.A NO. 253 & CO NO. 42 /AHD/20 15 A.Y. 201 0 - 11 PAGE NO ITO (INTERNATIONAL TAXATION) VS. SHRI SUSANTO PURNAMO 3 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,