The ITO, Ward-1(1)(1), Vadodara V. Shri Rohit C. Parikh, Vadodara

ITA 3204/AHD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9551 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 09-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D V SINGH
• Assessee Lawyers: M J SHAH
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA K. YADAV, JUDICIAL MEMBER ./ ITA NO. 3204/AHD/2015 / ASSESSMENT YEAR: 2009-10 THE ACIT, CIRCLE 1(1)(2), VADODARA .. APPELLANT VS SHRI ROHIT C. PARIKH, 1-B, AHOK SOCIETY, B/H. UTKARSH PETROL PUMP, KARELIBAUG, VADODARA .. RESPONDENT PAN : ACFPP 9335 E REVENUE BY : SHRI D.V. SINGH, DR ASSESSEE(S) BY : SHRI M.J. SHAH, AR / DATE OF HEARING 06 / 01 /201 6 /DATE OF PRONOUNCEMENT 12 / 02 /201 6 / O R D E R THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1, VADODA RA DATED 28.08.2015 PASSED FOR ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE CO NTENDED THAT AS PER THE RECENT CENTRAL BOARD OF DIRECT TAXES CIRC ULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10 TH DECEMBER 2015, THE REVISED LIMIT FOR PREFERRING REVENUE'S APPE ALS BEFORE ITAT IS RS.10,00,000/-. THE LEARNED COUNSEL FOR THE ASSE SSEE POINTED OUT THAT THE TAX EFFECT IN THE PRESENT REVENUE'S APPEAL IS BE LOW THE PRESCRIBED LIMIT OF RS.10,00,000/-; THEREFORE, THE RE VENUE'S APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRES CRIBED LIMIT. 3. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT CONTROVE RT THE AFORESAID SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSE SSEE. (SMC) ITA NO. 3204/AHD/2015 ACIT VS. SHRI ROHIT C. PARIKH AY 2009-2010 2 4. I HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERIA L PLACED BEFORE ME. I 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 10 TH DECEMBER 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIRTU E OF THE COMMISSIONER OF INCOME-TAX (APPEALS)S ORDER IS BELO W RS.10,00,000/-, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PRO VIDED THAT THESE INSTRUCTIONS WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SO ME AUDIT OBJECTIONS OR THE ADDITION RELATES TO UNDISCLOSED FOREI GN ASSETS/BANK ACCOUNTS, ETC. I FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LESS THAN RS.10,00,000/ -. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND H ENCE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS D ISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 12TH FEBRUARY, 201 6 AT AHMEDABAD. SD/- ( SHAILENDRA K. YADAV ) JUDICIAL MEMBER AHMEDABAD; DATED12/02/2016 BIJU T., PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! ' ' # / CONCERNED CIT 4. ' ' # ( ) / THE CIT(A) 5. &'( ! , ' ! , / DR, ITAT, AHMEDABAD 6. (- . / GUARD FILE. / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) !', / ITAT, AHMEDABAD