DCIT, Central Circle-3, , Vadodara V. Shri Chintan G Shah, Vadodara

ITA 2737/AHD/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2455 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-08-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 06-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE JUSTICE SHRI P. P. BHATT, PRESIDENT & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ I.T.A. NO. 2737/AHD/2017 ( ASSESSMENT YEAR : 2014-15) DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-3, VADODARA. ROOM NO.603, 6 TH FLOOR, AAYAKAR BHAVAN, RACE COURSE CIRCLE, VADODARA / VS. SHRI CHINTAN G SHAH 9, GAUTAM NAGAR SOCIETY, RACE COURSE ROAD, VADODARA ./ ./ PAN/GIR NO. : AJHPS7551G ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI ALOK SINGH, CIT.D.R. / RESPONDENT BY : SMT. URVASHI SHODHAN, A.R. DATE OF HEARING 13/08/2019 !'# / DATE OF PRONOUNCEMENT 05/09/2019 / 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 COMMISSIONER OF IN COME TAX (APPEALS)-12, AHMEDABAD (CIT(A) IN SHORT), DATED 14.09.2017 ARISING IN THE ASSESSMENT ORDER DATED 28.08.2015 PA SSED BY THE ITA NO. 2737/AHD/17 [DCIT VS. SHRI CHINTAN G SHAH] A.Y. 2014-15 - 2 - ASSESSING OFFICER (AO) UNDER S. 143(3) OF THE INCOM E TAX ACT, 1961 (THE ACT) CONCERNING AY 2014-15. 2. THE GROUNDS OF APPEAL RAISED BY THE REVENUE REA D AS UNDER:- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A), AHMEDABAD HAS ERRED IN DELETING THE ADDITION OF RS. 1,23,24,721/- MADE ON ACCOUNT OF DIFFERENCE OF SALE CONSIDERATION BASED ON THE TA X DEDUCTED AT SOURCE U/S 194IA IN THE CASE OF PLOT OF LAND AT HANUMANPURA, R.S.NO. 48/1 FOR SHARE OF ASSESSEE AS LONG TERM CAPITAL GAIN. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, THE LD. CIT(A), AHMEDABAD HAS FAILED TO APPRECIATE THE FACT THAT TH E ADDITION WAS MADE BY THE AO AFTER DUE VERIFICATION OF THE PURCHASE DEED AND SAL E DEED AGREEMENT. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEAL FILED BY THE REVENUE IS HI T BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISI NG THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 279/MISC/M-93/2018 -ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DA TED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE TO ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WIT H INSTRUCTION, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE D ISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFEC T DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT ON THE DISPUTED IS SUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS A ND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 4. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, 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. 2737/AHD/17 [DCIT VS. SHRI CHINTAN G SHAH] A.Y. 2014-15 - 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/- (JUSTICE P. P. BHATT) (PRADIP KU MAR KEDIA) PRESIDENT ACCOUNT ANT MEMBER AHMEDABAD: DATED 05/09/2019 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 05/09/2 019