The ITO, Ward-2(2)(2), Ahmedabad V. Late Shri Dineshbhai Shantilal Shah, Ahmedabad

ITA 2887/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5111 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 03-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RICHA RASTOGI
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO. 2887/AHD/2016 ( ASSESSMENT YEAR : 2007-08) THE INCOME TAX OFFICER, WARD-2(2)(1), AHMEDABAD 1 ST FLOOR, C.U.SHAH BLDG., ASHRAM ROAD, AHMEDABAD - 380014 / VS. LATE SHRI DINESHBHAI SHANTILAL SHAH THROUGH LEGAL HEIR SHRI NILESH DINESHBHAI SHAH, 487/38/1, JEKORBAI MARKET, B/H LAXMI CO. OP. BANK, REVDI BAZAR, AHMEDABAD ././ PAN/GIR NO. : AQFPS1200D ( APPELLANT ) .. ( !' / RESPONDENT ) # / APPELLANT BY : SMT. RICHA RASTOGI, SR. D.R. !' $ # / RESPONDENT BY : NONE % &'($) DATE OF HEARING 27/06/2018 *+, $) / DATE OF PRONOUNCEMENT 02/08/2018 / 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)-4, AHMEDABA D (CIT(A) IN SHORT), DATED 01.08.2016 ARISING IN THE ASSESSMENT ORDER DATED ITA NO. 2887/AHD/16 [ITO VS. LATE SHRI DINESHBHAI S. SHAH] A.Y. 2007-08 - 2 - 26.08.2014 PASSED BY THE ASSESSING OFFICER (AO) UND ER S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (THE ACT) CO NCERNING AY 2007- 08. 2. AFTER THE HEARING ON 27.06.2018, IT IS NOTICED A T THE TIME OF DICTATION THAT THE CBDT HAS COME OUT WITH A CIRCULA R NO. 3 OF 2018 DATED 11.07.2018 WHEREBY THE PREVIOUS THRESHOLDS OF TAX EFFECT FOR MAINTAINABILITY OF REVENUES APPEALS STANDS REVISED WITH A VIEW TO TONE DOWN THE RIGOURS ON ASSESSEE IN APPROPRIATE CA SES. AS PER THE AFORESAID CIRCULAR, ALL PENDING APPEALS FILED BY TH E REVENUE ARE LIABLE TO BE DISMISSED AS WITHDRAWN/NOT PRESSED WHERE THE TAX EFFECT ON THE DISPUTED ISSUES DOES NOT EXCEED REVISED MONETARY LI MITS OF RS.20 LAKHS BEFORE THE APPELLATE TRIBUNAL SUBJECT TO CERT AIN EXCEPTIONS. IN THE INSTANT CASE, THE DISPUTED ISSUE INVOLVES ADDIT ION UNDER S.68 OF THE ACT QUANTIFIED AT RS.41,50,000/- THE TAX EFFECT ON WHICH APPARENTLY DOES NOT EXCEED THE REVISED MONETARY LIMIT OF RS.20 LAKHS. IN THIS VIEW OF THE MATTER, WE ARE NOT INCLINED TO ADJUDICA TE THE DISPUTE ON MERITS OWING TO SHIFT IN POLICY OF THE APEX BODY OF REVENUE IN THE MATTER OF REVENUE APPEAL. THUS, APPEAL FILED BY TH E REVENUE AS FOUND HIT BY CIRCULAR 3 OF 2018 IS REQUIRED TO BE DISMISS ED IN LIMINE . 3. WHILE THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE IN VIEW OF THE REVISED THRESHOLDS OF M ONETARY LIMITS, IT ITA NO. 2887/AHD/16 [ITO VS. LATE SHRI DINESHBHAI S. SHAH] A.Y. 2007-08 - 3 - WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCU LAR IN ANY MANNER. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 02/08/2018 TRUE COPY S. K. SINHA / COPY OF ORDER FORWARDED TO:- ..' / REVENUE 2.' / ASSESSEE 0. ) % 1) / CONCERNED CIT 4. % 1)- / CIT (A) 4.5'67!8)8& 9 9 / DR, ITAT, AHMEDABAD :.7;<= / GUARD FILE. BY ORDER / 9 / 9 THIS ORDER PRONOUNCED IN OPEN COURT ON 02/08/20 18