The Dy.CIT.,Circle-1(1)(2), Surat V. Gujarat JHM Hotels Ltd., Surat

ITA 27/SRT/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6421 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 09-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, HON'BLE JUDICIAL MEMBER AND DR.SHRI ARJUN LAL SAINI, HON'BLE ACCOUNTANT MEMBER (VIRTUAL HEARING) . . ./ I.T.A NO.27/SRT/2017 [ [ / ASSESSMENT YEAR: 2010-11 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2), SURAT. VS . M/S.GUJARAT JHM HOTELS LTD, HOTEL HOLIDAY IN, NEAR AMBICA NIKETAN, ATHWALINES, SURAT 395001. [PAN: AAACG 8562 E] / APPELLANT /RESPONDENT [ /ASSESSEE BY SHRI HIREN VEPARI C A /REVENUE BY SMT. USHA SHROTE SR.DR / DATE OF HEARING: 1 5 . 0 4 .20 2 1 /PRONOUNCEMENT ON: 1 5 . 0 4 .202 1 /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 1. THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORDER OF LD.COMMISSIONER OF INCOME TAX(APPEALS)-1, SURAT, HEREINAFTER REFERRED AS LD.CIT(A), DATED 25.05.2017 FOR ASSESSMENT YEAR (AY) 2010-11. 2. AT THE OUTSET OF HEARING, THE LD.AUTHORISED REPRESENTATIVE(AR) OF THE ASSESSEE FURNISHED THE WORKING OF TAX EFFECT, COPY OF WHICH IS ALREADY SUPPLIED TO THE REVENUE. THE LD.AR FURTHER SUBMITS THAT THE TAX EFFECT IS RS.35,25,971/-. THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS BELOW RS.50 LACS AND THE APPEAL IS LIABLE TO BE DCIT, CIRCLE-1(1)(2), SURAT VS. GUJARAT JHM HOTELS LTD.,/ ITA NO.27/SRT/2017 FOR A.Y. 2010-11 2 DISMISSED IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. 3. THE LD.DEPARTMENTAL REPRESENTATIVE(DR) FOR THE REVENUE SUBMITS THAT THE REVENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVE, INCASE IF IT IS DISCOVERED THAT GROUNDS OF APPEAL RAISED BY THE REVENUE IS COVERED BY ANY EXCEPTION CLAUSE OF CBDT CIRCULAR DATED 20.08.2018. 4. WE HAVE CONSIDERED THE CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE ORDERS OF ASSESSING OFFICER AND ORDER PASSED BY LD.CIT(A). WE HAVE NOTED THAT THE TAX EFFECT IN THIS APPEAL IS OF RS.35,25,971/- WHICH IS LESS THAN THE MONETARY LIMIT OF THE RS.50 LACS AS FIXED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 FOR FILING APPEAL BEFORE THE TRIBUNAL. HENCE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVE IF AT LATER STAGE IT IS DISCOVERED THAT GROUNDS RAISED BY THE REVENUE IS COVERED BY ANY EXCEPTION CLAUSE OF CIRCULAR OF CBDT DATED 20.08.2018. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 15 TH APRIL 2021 WHILE HEARING THE APPEAL. SD/- SD/- (DR. ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 15 TH APRIL, 2021 / #SGR COPY OF ORDER SENT TO:- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT