The ITO, Ward- 7(2), Surat V. M/s. Jagdishchandra B. Bhogawala, HUF, Surat

ITA 2648/AHD/2014

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 2284 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 07-06-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 29-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S R MEENA
• Keywords: Audit objection; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL,SURAT BENCH,SURAT , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . / ITA NO.2648/AHD/2014/SRT & C.O. NO.288/AHD/2014/SRT [ [ / ASSESSMENT YEAR: 2010-11 INCOME TAX OFFICER, WARD-7(2), SURAT. VS. M/S.JAGDISHCHANDRA B. BHOGAWALA(HUF), 7/235, BHOGAWADI, OPP: AYURVEDIC COLLEGE, STATION ROAD, SURAT 395 003. [PAN: AABHJ 2898 C] ( / APPELLANT) ( /RESPONDENT/CROSS OBJECTOR) / ASSESSEE BY : NONE /REVENUE BY : SHRI S.R. MEENA, SR. D.R /DATE OF HEARING : 07-08-2018 /DATE OF PRONOUNCEMENT : 08-08-2018 / ORDER PERC.M.GARG, JUDICIAL MEMBER : THIS APPEAL HAS BEEN FILED BY THE REVENUE AND THE CROSS OBJECTION (CO) FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-V, SURAT (CIT(A) FOR SHORT) DATED 13.08.2014 FOR THE ASSESSMENT YEAR (A.Y) 2010-11 PASSED IN THE FIRST APPEAL NO.CAS/V/13/2013-14. 2 ITA NO.2648/AHD/2014/SRT & C.O NO.288/AHD/2014/SRT (A.Y: 2010-11) SHRI JAGDISHCHANDRA B. BHOGAWALA (HUF) 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE (DR) AND PERUSED THE MATERIAL AVAILABLE ON RECORD AND FIND THAT TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS. 20 LAKHS. THE LD. DR ALSO DID NOT DISPUTE THIS FACT. WE FIND THAT THE CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 [F.NO.279/MISC.142/2007-ITJ (PT)] HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEAL BEFORE TRIBUNAL FIXING THE TAX EFFECT LIMIT AT RS.20 LACS. THE SAID CIRCULAR SUPERSEDES THE EARLIER CIRCULAR(S) ISSUED ON THE SUBJECT OF TAX EFFECT AND APPLIES TO ALL PENDING APPEAL RETROSPECTIVELY.THE BOARD HAS PROVIDED EXCEPTIONS PROVIDED UNDER PARA 10 OF THE CIRCULAR WHEREIN IT HAS BEEN PROVIDED THAT THE ISSUES RELATED IS TO BE CONTESTED (A) WHERE THE CONSTITUTION VALIDITY OF THE PROVISION OF THE ACT OR (B) RULE IS UNDER CHALLENGE OR (C) WHERE BOARD`S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR WHERE REVENUE AUDIT OBJECTIONS HAS BEEN ACCEPTED BY THE DEPARTMENT OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. 3. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXCEPTIONS CLAUSE AND THE TAX DEMAND IS LESS THAN RS.20 LACS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AS PER RECENT CIRCULAR (SUPRA) AND HENCE THE SAME IS DISMISSED. HOWEVER, WE MAY MAKE IT CLEAR THAT THE REVENUE IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING THIS ORDER, IF IT COMES TO THE NOTICE OF THE ASSESSING OFFICER THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED 3 ITA NO.2648/AHD/2014/SRT & C.O NO.288/AHD/2014/SRT (A.Y: 2010-11) SHRI JAGDISHCHANDRA B. BHOGAWALA (HUF) UNDER CIRCULAR OR REVENUE`S CASE FALLS WITHIN THE AMBIT OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR. ASSESSEES CROSS OBJECTION IN C.O NO.288/AHD/2014/SRT : 3. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PRESS THE CROSS OBJECTION, THEREFORE, THE SAME IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF08 TH AUGUST, 2018. / SURAT ; DATED :08 TH AUGUST, 2018 , EDN / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CONCERNED CIT; 4. THE CONCERNED PRL. CIT; 5. , , / DR, ITAT, SURAT; 6. / GUARD FILE. / BY ORDER, // TRUE COPY // / ASSISTANT REGISTRAR , / ITAT, SURAT SD/ - SD/ - ( ) ( O.P.MEENA ) / ACCOUNTANT MEMBER ( ) (C.M.GARG) / JUDICIAL MEMBER