The Income tax Officer,Ward-2(3)(8), Surat V. Shri Vikas Choradia, Surat

ITA 286/SRT/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5359 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 16-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS ANUPAMA SINGLA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO.286/SRT/2019 (AY 2008-09) (H EARING IN VIRTUAL COURT) THE INCOME TAX OFFICER, WARD-2(3)(8), SUJRAT. VS. SHRI VIKAS CHORADIA, PROP. OF PRIYA GEMS, 103, DEVSAGAR APARTMENT, NEAR HDC BUILDING, DALAGIYA STREET, MAHIDHARPURA, SURAT 395003. [e-mail] PAN: ANJPS 9745 G APPLICANT RESPONDENT ASSESSEE BY SHRI PRAKASH JHUNJHUNWALA CA REVENUE BY MRS. ANUPAMA SINGLA SR.DR DATE OF HEARING 14.09.2021 DATE OF PRONOUNCEMENT 14.09.2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORDERS OF LD.COMMISSIONER OF INCOME TAX(APPEALS)-1, SURAT DATED 14.03.2019 FOR THE ASSESSMENT YEAR (AY) 2008-09. 2. AT THE OUTSET OF HEARING, THE LD. AUTHORISED REPRESENTATIVE (AR) OF THE ASSESSEE SUBMITS THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS ONLY OF RS.41,76,764/-, WHICH IS BELOW THE MONETARY LIMIT OF TAX EFFECT FOR FILING APPEAL BY REVENUE BEFORE TRIBUNAL. THE LEARNED AR FOR THE ASSESSEE SUBMITS THAT CENTRAL BOARD OF DIRECT TAXES (CBDT) IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019, HAS ENHANCED THE MONETARY LIMIT TO RS. 50.00 LAKHS FOR FILING APPEAL BEFORE THE TRIBUNAL. THUS, THE PRESENT APPEAL IS NOT MAINTAINABLE AND IS LIABLE TO BE DISMISSED. 3. THE LD. SENIOR DEPARTMENTAL REPRESENTATIVE (SR.DR) FOR THE REVENUE SUBMITS THAT THE TAX EFFECT IN THE PRESENT APPEAL SEEMS TO BE LESS THAN RS.50.00 ITA NO.286/SRT/2019 (AY 2008-09) SHRI VIKAS CHORADIA, SURAT 2 LAKHS. HOWEVER, THE REVENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVE, IN CASE, IF IT IS DISCOVERED THAT THE TAX EFFECT IS MORE THAN RS.50.00 LAKHS OR THE 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 FIND THAT THE TAX EFFECT IN THIS APPEAL IS OF RS.41,97,764/-, WHICH IS LESS THAN THE MONETARY LIMIT OF THE RS.50.00 LAKHS PRESCRIBED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 FOR FILING APPEAL BY REVENUE BEFORE THE TRIBUNAL. HENCE, THE REVENUE IS PRECLUDED FROM FILING APPEAL BEFORE THE TRIBUNAL AS THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 50.00 LAKHS. 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 OR THE TAX EFFECT IS MORE THAN RS. 50.00 LAKHS. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER ANNOUNCED ON 14 TH SEPTEMBER, 2021 AT THE TIME OF HEARING IN VIRTUAL COURT HEARING. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 14 /09/2021 / SGR* COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE BY ORDER / / TRUE COPY / / SR.PVT. SECRETARY, ITAT, SURAT