The ITO, Ward-3(2), Ahmedabad V. Shri Dipesh Prabhudas Kothari, (HUF), Ahmedabad

ITA 2751/AHD/2013

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6663 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 13-06-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 25-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANTOSH KARNANI
• Assessee Lawyers: P B PARMAR M K PATEL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SMT. MADHUMITA ROY, JUDICIAL MEMBER 1. ./ITA NO.2751/AHD/2013 2. ./ITA NO.628/AHD/2014 ( / ASSESSMENT YEARS : 2009-10 & 2010-11 RESPECTIVELY ) 1-2. THE INCOME TAX OFFICER WARD-3(2) AHMEDABAD / VS. 1-2. DIPESH PRABHUDAS KOTHARI PROP.PRADEEP CORPORATION 315, RANGATI BAZAR ASTODIS,AHMEDABAD ./ ./ PAN/GIR NO. : AABHK 2547 P ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI SANTOSH KARNANI, SR.DR / RESPONDENT BY : SHRI P.B.PARMAR FOR M.K.PATEL, AR / DATE OF HEARING 21/02/2019 !'# / DATE OF PRONOUNCEMENT 28/02/2019 / O R D E R PER MADHUMITA ROY, JUDICIAL MEMBER: BOTH THE CAPTIONED APPEALS HAVE BEEN FILED AT THE I NSTANCE OF THE REVENUE AGAINST THE SEPARATE ORDERS OF THE COMMISS IONER OF INCOME TAX (APPEALS)6, AHMEDABAD [CIT(A) IN SHORT] VIDE APPEA L NO.CIT(A)- VI/WD./3(2)/284/11-12 & 158/12-13 DATED 23/09/20 13 & 17.01.2014 ARISING IN THE ASSESSMENT ORDERS PASSED UNDER S.14 3(3) OF THE INCOME TAX ACT, 1961(HEREINAFTER REFERRED TO AS 'THE ACT') DATED 29.12.2011 & 22.02.2013 RELEVANT TO ASSESSMENT YEARS (AYS) 2009- 10 & 2010-11. ITA NO.2751/AHD/2013& ITA NO.628/AHD/2014 ITO VS. DIPESH PRABHUDAS KOTHARI (HUF) ASST.YEARS - 2009-10 & 2 010-11 - 2 - 2. AT THE TIME OF THE HEARING, WE OBSERVE THAT THE TAX EFFECT IN THE APPEALS FILED BY THE REVENUE IS LESS THAN RS. 20 LA CS. AS PER THE CIRCULAR NO. 3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT RECEN TLY ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED / WITHDRAWN/ NOT PRESSED TO REDUCE THE LITIGATION WHERE THE TAX EFFE CT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT, I.E., RS.20 LACS. THE R ELEVANT EXTRACT OF THE CIRCULAR IS REPRODUCED BELOW: 2. IN SUPERSESSION OF THE ABOVE CIRCULAR, IT HAS BEEN DECIDED BY THE BOARD THAT DEPARTMENTAL APPEALS MAY BE FILED ON MER ITS BEFORE INCOME TAX APPELLATE TRIBUNAL AND HIGH COURTS AND S LPS/ APPEALS BEFORE SUPREME COURT KEEPING IN VIEW THE MO NETARY LIMITS AND CONDITIONS SPECIFIED BELOW. 3. HENCEFORTH, APPEALS/ SLPS SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS GIVE N HEREUNDER: S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1. BEFORE APPELLATE TRIBUNAL 20,00,000 2. BEFORE HIGH COURT 50,00,000 3. BEFORE SUPREME COURT 1,00,00,000 THE MONETARY LIMIT FOR FILING THE APPEALS BY THE RE VENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS. 20 LACS. IT IS A LSO CLARIFIED IN THE SAID CIRCULAR THAT THE SAID MONETARY LIMIT IS APPLI CABLE RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.20 LACS MAY BE WITHDRAWN / NOT PRESSED. ITA NO.2751/AHD/2013& ITA NO.628/AHD/2014 ITO VS. DIPESH PRABHUDAS KOTHARI (HUF) ASST.YEARS - 2009-10 & 2 010-11 - 3 - IN THE CASE ON HAND, IT WAS NOTICED THAT THE TAX EF FECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS CLAIMED TO BE LESS RS.20 LACS. THEREFORE APPEALS OF THE REVENUE ARE REQUIRED TO BE DISMISSED IN LIMINE IN TERMS OF THE ABOVE CIRCULAR. 3. THE ADJOURNMENT PETITION FILED BY THE LD.COU NSEL FOR THE ASSESSEE IS DISMISSED AS IT IS HIT BY LOW TAX EFFECT. 4. THE LD. DR FOR THE REVENUE FAIRLY AGREED ON THE APPLICABILITY OF THE CBDT CIRCULAR NO. 3 OF 2018. ACCORDINGLY, THE A PPEALS OF THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. HOWEVER , THE REVENUE IS ON THE LIBERTY TO MOVE THE MISCELLANEOUS APPLICATIO N TO RECALL THE ORDERS IF THE TAX EFFECT EXCEEDS THE THRESHOLD LIMIT OR TH E CASES OF THE REVENUE FALLS IN ANY OF THE EXCEPTION PROVIDED IN THE AFORE SAID CBDT CIRCULAR IN ANY MANNER. THE MA SHALL BE FILED WITHIN THE PRESCR IBED TIME. HENCE THE APPEALS OF THE REVENUE ARE DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS FILED BY THE DE PARTMENT ARE DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 28/02/2019 SD/- SD/- (WASEEM AHMED) ( MADHUMITA ROY ) ACCOUNTANT MEMBER JUDI CIAL MEMBER AHMEDABAD; DATED 28 /02/2019 &.., .(.. / T.C. NAIR, SR. PS ITA NO.2751/AHD/2013& ITA NO.628/AHD/2014 ITO VS. DIPESH PRABHUDAS KOTHARI (HUF) ASST.YEARS - 2009-10 & 2 010-11 - 4 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-6, AHMEDABAD 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) $%, / ITAT, AHMEDABAD 1. DATE OF DICTATION 21.2.19 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 21.2.19 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S ..28.2.19. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28.2.19 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER