The Dy. Commissioner of Income Tax, Circle-4(1)(2), Ahmedabad V. M/s. Vimal Oil & Foods Ltd., Ahmedabad

ITA 3134/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8311 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 29-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER) ITA. NO: 3134/AHD/2016 (ASSESSMENT YEAR: 2008-09) D.C.I.T., CIRCLE-4(1)(2), AHMEDABAD V/S M/S. VIMAL OIL AND FOODS LTD. 4 TH FLOOR, HERITAGE BUILDING, NR. GRAND BHAGWATI HOTEL, AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AABCV0765H APPELLANT BY : SHRI MUDIT NAGPAL, SR. D. R. RESPONDENT BY : MS. IRA KAPOOR, A.R. ( )/ ORDER DATE OF HEARING : 22 -05-201 8 DATE OF PRONOUNCEMENT : 23 -05-2018 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-8, AHMEDABAD DATED 23.09.2016 PERTAINING TO A.Y. 2008- 09. ITA NO. 3134 /AHD/2016 . A.Y. 2008-09 2 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUB MITTED THAT THE APPEAL OF THE REVENUE NEEDS TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. LD. DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE TAX EFFECT IS LESS THAN THE LIMIT OF RS.10 LACS PRESCRIBED IN THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL AVAILABLE ON RECORD. WE FIND THAT PRIMA-FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 21/2015 IN F.NO.279/MISC. 142/ 2007-ITJ (PT) DATED 10TH DECEMBER 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIRTUE OF THE COMMISSIONER OF INCOME-TAX (APPEALS) S ORDER IS BELOW RS. 10 LACS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFOR E THE TRIBUNAL IN FURTHER APPEAL. THE BOARD HAS PROVIDED EXCEPTIONS AT CLAUS E (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THESE INSTRUCTION S WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNE D ORDER OR ADDITION WAS MADE ON SOME AUDIT OBJECTIONS OR THE ADDITION RELAT ES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT THE PRESEN T CASE DOES NOT FALL WITHIN THE EXCEPTION CLAUSE AND THE TAX IS LESS THAN RS.10 LACS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND HENCE DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 23 - 05- 2018 SD/- SD/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 23 /05/2018 RAJESH