Income Tax Officer, Ward -3(2)(4), Surat V. Shri Khimjibhai Dharmashjibhai Vaghani, Surat

ITA 313/SRT/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2667 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 27-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPMA SINGLA
• Assessee Lawyers: CHETALI SHAH
• Keywords: Tax effect
• Section: 22

Judgement Text

INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO.313/SRT/2018 (AY 2012-13) (H EARING IN VIRTUAL COURT) ITO, WARD-3(2)(4) ROOM NO. 609, AAYAKAR BHAVAN, MAJURA GATE, SURAT. VS SHRI KHIMJIBHAI DHARMASHIBHAI VAGHANI, 10/AB, ANMOL APARTMENT, OPP. SARDAR NAGAR, SUMUL DAIRY ROAD, SURAT. PAN: AAQPV0544G APPLICANT /REVENUE RESPONDENT /ASSESSEE REVENUE BY MS. ANUPMA SINGLA SR. DR ASSESSEE BY MS. CHETALI SHAH CA DATE OF HEARING 22.06.2021 DATE OF PRONOUNCEMENT 22 .06.2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL BY REVENUE UNDER SECTION 253 OF INCOME TAX ACT IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-3, [CIT(A)], SURAT DATED 27.02.2018 FOR ASSESSMENT YEAR 2012-13. 2. AT THE OUTSET OF HEARING, THE LD. AUTHORIZED REPRESENTATIVE (AR) OF THE ASSESSEE SUBMITS THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS ONLY OF RS. 16,43,880/- WHICH IS LESS THAN THE MONETARY LIMIT OF RS. 50,00,000/- PRESCRIBED BY CENTRAL BOARD OF DIRECT TAXES (CBDT) IN ITS CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019, FOR FILING APPEAL BEFORE INCOME TAX APPELLATE TRIBUNAL (ITAT) THEREFORE, THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. THE LEARNED AR FOR THE ASSESSEE ALSO FURNISHED THE WORKING OF THE TAX EFFECT OF RS. 16,43,880/-. ITA NO.313/SRT/2018 SHRI KHIMJIBHAI DHARMASHIBHAI VAGHANI 2 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE AFTER GOING THROUGH THE GROUNDS OF APPEAL, AND THE WORKING OF TAX EFFECT FURNISHED BY THE AR FOR THE ASSESSEE, FAIRLY SUBMITS THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS LESS THAN THE MONETARY LIMIT OF TAX EFFECT FIXED BY CBDT CIRCULAR. 4. CONSIDERING THE SUBMISSIONS OF BOTH THE LD. REPRESENTATIVES OF THE PARTIES, WE FIND THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF RS. 50,00,000/- FIXED BY CBDT CIRCULAR NO. 17/2019 DATED 8TH AUGUST 2019, FOR FILING APPEAL BEFORE ITAT, THEREFORE, THE APPEAL OF REVENUE IS NOT MAINTAINABLE AND DISMISSED. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER ANNOUNCED ON 22 ND JUNE 2021 AT THE TIME OF HEARING IN VIRTUAL COURT. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 22/06/2021 SK, PS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, ITAT, SURAT