The DCIT, Circle-2, JAMNAGAR V. Smt. Kesarben Karsandas Patel, JAMNAGAR

ITA 261/RJT/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1309 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 22-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 31-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K CHAKRAVARTY
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: S H RI ANIL CHATURVEDI , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER [CONDUCTED THROUGH E - COURT AT AHMEDABAD] THE D CIT, CIRCLE - 2 , JAMNAGAR (APPELLANT) VS SMT. KESARBEN KARSANDAS PATEL, C/O. GANESH COLD STORAGE, RAJKOT ROAD, JAMNAGAR PAN: AANPP9482E (RESPONDENT) REVENUE BY : S H RI V.K. CHAKRAVARTY , SR. D . R. ASSESSEE BY: NONE DATE OF HEARING : 2 2 - 04 - 2 016 DATE OF PRONOUNCEMENT : 25 - 04 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THI S REVENUE S APPEAL FOR A.Y. 20 05 - 06 , AR ISES FROM ORDER OF THE CIT(A), JAMNAGAR DATED 21 - 03 - 2013 IN APPEAL NO. CIT(A) / JAM/15/12 - 13/638 , IN PROCEEDINGS UNDER SECTION 271(1 ) (C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 261 / RJT /20 13 A SSESSMENT YEAR 200 5 - 06 I.T.A NO. 261 /RJT /20 13 A.Y. 20 05 - 06 PAGE NO DCIT VS. SMT. KESARBEN KARSANDAS PATEL 2 2. THE REVENUE S SOLE SUBSTANTIVE GROUND CHALLENGES THE LOWER APPELLATE ORDER DELETING PENALTY OF RS. 92,28,599 MADE IN ASSESSMENT ORDER DATED 30 - 11 - 2009. 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10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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. THIS REVENUE S APPEAL IS DISMISSED AS HAV ING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OUR T ON 25 - 04 - 201 6 SD/ - SD/ - (ANIL CHATURVEDI ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 2 5 /04 /2016 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, I.T.A NO. 261 /RJT /20 13 A.Y. 20 05 - 06 PAGE NO DCIT VS. SMT. KESARBEN KARSANDAS PATEL 3 ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT