The Asstt. Commissioner of Income Tax (Exemptions), Circle-1, Ahmedabad V. M/s. PNR Shah Society for Relief & Rehabilitation of the Disabled, Bhavnagar

ITA 2685/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5107 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 17-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMEBR ./ I.T.A. NO. 2685/AHD/2016 ( ASSESSMENT YEAR : 2012-13) THE ASSTT. COMMISSIONER OF INCOME-TAX (EXEMPTIONS), CIRCLE-1, AHMEDABAD / VS. M/S. PNR SHAH SOCIETY FOR RELIEF & REHABILITATION OF THE DISABLED, 51, VIDYANAGAR, BHAVNAGAR - 364002 ./ ./ PAN/GIR NO. : AAATP1877E ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S. K. DEV, SR. D.R. / RESPONDENT BY : SHRI P. B. PARMAR, A.R. DATE OF HEARING 27/07/2018 !'# / DATE OF PRONOUNCEMENT 03/08/2018 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE CIT(A)-9, AHMEDABA D (CIT(A) IN SHORT), DATED 03.08.2016 ARISING IN THE ASSESSME NT ORDER DATED ITA NO.2685/AHD/16 [ACIT (EXMP.) VS. M/S. PNR SHAH SOCIETY FOR RELIEF & REHABILITATION OF THE DISABLED] A.Y. 2 012-13 - 2 - 19.02.2015 PASSED BY THE ASSESSING OFFICER (AO) UND ER S. 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AS SESSMENT YEAR 2012-13. 2. THE GROUNDS OF APPEAL RAISED BY THE REVENUE REA DS AS UNDER:- 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE IS THE LD. CIT(A) JUSTIFIED IN DIRECTING THE A.O. TO ALLOW TO CARRY F ORWARD OF UNABSORBED DEFICIT AMOUNTING TO RS.46,23,603/- AGAINST FUTURE INCOME WHICH THE A.O. DISALLOWED. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEAL FILED BY THE REVENUE I S HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.3 OF 2018 DATED 11/07/2018 REVISING THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. AS PER AFORESAID CIRCULAR, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHER E THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.20 LAKHS. IN THE INSTANT CASE, THE T AX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.20 LAKHS AND THEREFORE APPEAL OF THE R EVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 4. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 3 OF 2018. A CCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINA BLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON ITA NO.2685/AHD/16 [ACIT (EXMP.) VS. M/S. PNR SHAH SOCIETY FOR RELIEF & REHABILITATION OF THE DISABLED] A.Y. 2 012-13 - 3 - SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCU LAR IN ANY MANNER. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 03/08/2018 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 03/08/20 18