The DCIT, Circle-3, Baroda V. Base Metal Chemicals, Baroda

ITA 2673/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7933 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 02-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Assessee Lawyers: M K PATEL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA NO. 2673/AHD/2014 (ASSESSMENT YEAR: 2011-12) THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-3, 3 RD FLOOR, AAYKAR BHAVAN, RACE COURSE CIRCLE, BARODA A PPELLANT VS. M/S. BASE METAL CHEMICALS, 101, SYNERGY HOUSE, SUBHANPURA, BARODA 390023 RESPONDENT PAN: AABFB7166P /BY REVENUE : SHRI V. K. SINGH, SR. D.R. /BY ASSESSEE : SHRI M. K. PATEL, A.R. /DATE OF HEARING : 11.12.2017 /DATE OF PRONOUNCEMENT : 18.12.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2011-12 A RISES AGAINST THE CIT(A)-II, BARODAS ORDER DATED 24.06.2014 IN CASE NO. CAB/II-352/13-14, IN PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. THE REVENUES SUBSTANTIVE GROUND PLEADED IN THE INSTANT APPEAL CHALLENGES THE CIT(A)S ORDER DELETING THE DISALLOWANCE OF RS. 25,81,075/-. THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE INSTANT APPE AL IS LESS THAN RS.10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER T HE BOARD HAS ISSUED THE CIRCULAR ITA NO. 2673/AHD/14 [DCIT VS. BASE METAL CHEMICALS] A.Y. 2011-12 - 2 - NO. 21/2015 DATED 10.12.2015 CLEARLY ENVISAGING THE REIN THAT DEPARTMENTS PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE W ITHDRAWN/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 ABO VE STATED BOARDS CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THIS REVENUES APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. [PRONOUNCED IN THE OPEN COURT ON THIS THE 18 TH DAY OF DECEMBER, 2017.] SD/- SD/- ( PRADIP KUMAR KEDIA ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL M EMBER AHMEDABAD: DATED 18/12/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0