The ITO, Ward-5(4), Baroda V. Shri Premal V. Gandhi, Vadodara

ITA 3509/AHD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9149 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 03-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 15-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL SRDR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER ./ ITA NOS. 3509 TO 3511/AHD/2015 / ASSESSMENT YEAR: 2009-10 TO 2011-12 ITO, WARD 3(1)(4) BARODA .. APPELLANT VS SHRI PREMAL V. GANDHI, C/O. PANCHRATNA STEEL, 710, GIDC ESTATE, WAGHODIA, DIST: VADODARA - 391670 .. RESPONDENT PAN : AFZPG 7665 M REVENUE BY : SHRI P.L. KUREEL, SR-DR ASSESSEE(S) BY NONE / DATE OF HEARING 03/02/2016 /DATE OF PRONOUNCEMENT 22/03/2016 / O R D E R THESE THREE APPEALS FILED BY THE REVENUE ARE DIRECT ED AGAINST A COMMON ORDER OF THE COMMISSIONER OF INCOME TAX (APP EALS)-4, VADODARA, DATED 01.09.2015, IN DELETING THE PENALTY OF RS.1,34,250/-, RS.5,49,800/- AND RS.6,62,950/- FOR ASSESSMENT YEAR S 2009-10, 2010-11 TO 2011-12 RESPECTIVELY, LEVIED U/S 271(1)(C) OF THE A CT. 2. I HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIAL ON RECORD. ON PERUSING THE GROUNDS OF APP EAL RAISED BY THE REVENUE, I FIND THAT REVENUE IS AGGRIEVED BY THE OR DER OF CIT(A) IN DELETING THE PENALTY OF RS.1,34,250/-, RS.5,49,800/ - AND RS.6,62,950/- FOR ASSESSMENT YEARS 2009-10, 2010-11 TO 2011-12 RESPEC TIVELY, LEVIED U/S 271(1)(C) OF THE ACT. THE TAX EFFECT OF THESE APPEA LS IS BELOW RS.10 LACS. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAX ES (CBDT) DATED (SMC) ITA NOS. 3509 TO 3511/AHD/2015 ITO VS. SHRI PREMAL V.GANDHI AY : 2009-10 TO 2011-12 2 10.12.2015 (CIRCULAR NO.21 OF 2015), NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF GIVEN BY LD. CIT(A) BEFORE THE INCOM E TAX APPELLATE TRIBUNAL UNLESS THE TAX EFFECT, EXCLUDING INTEREST EXCEEDS RS.10 LACS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RET ROSPECTIVELY TO THE PENDING APPEALS. IN THE PRESENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT THE TAX EFFECT IS LESS THAN RS.10 LACS, I AM OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESA ID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEALS OF THE D EPARTMENT AND THEREFORE THE PRESENT APPEALS ARE NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES, I DISMISS BOTH THE APPEALS OF REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CAS E. 3. IN THE RESULT, ALL THE THREE APPEALS FILED BY TH E REVENUE ARE DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 22 ND MARCH, 2016 AT AHMEDABAD. SD/- ( SHAILENDRA KUMAR YADAV ) JUDICIAL MEMBER AHMEDABAD; DATED 22/03/2016 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, AHMED ABAD 6. (- . / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) !', / ITAT, AHMEDABAD