The ACIT, Circle-2,, JAMNAGAR V. M/s. Mitesh Impex, JAMNAGAR

ITA 366/RJT/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1263 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 31-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 04-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Assessee Lawyers: MJ RANPURA
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: SHR I S. S. GODARA , JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER [CONDUCTED THROUGH E - C OURT AT AHMEDABAD] THE ACIT, CIRCLE - 2 , JAMNAGAR (APPELLANT) VS M/S. MITESH IMPEX, PLOT NO. 287, GIDC, P - II, DARED, JAMNAGAR PAN: AADFM2151M (RESPONDENT) REVENUE BY : S H R I C.S. ANJARIA , SR. D . R. ASSESSEE BY: S H RI M.J. RANPURA , A.R. DATE OF HEARING : 31 - 05 - 2 016 DATE OF PRONOUNCEMENT : 31 - 05 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THI S REVENUE S APPEAL FOR A.Y. 2009 - 10 , AR ISES FROM ORDER OF THE CIT(A), JAMNAGAR DATED 22 - 07 - 2013 IN APPEAL NO. CIT(A) / JAM/196/11 - 12/229 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 366 / RJT /20 13 A SSESSMENT YEAR 200 9 - 10 I.T.A NO. 366 /RJT /20 13 A.Y. 2009 - 10 PAGE NO ACI T VS. M/S. MITESH IMPEX 2 2 . LEARNED COUNSEL OF THE ASSES SEE INVITES OUR ATTENTION TOWARDS FORM 36 STATING NET TAX EFFECT INVOLVED IN THIS APPEAL AS RS. 8,73,512/ - I.E. LESS THAN RS. 10 LACS. LEANED DEPARTMENTA L REPRESENTATIVE DOES NOT REBUT THE SAME. T HE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THIS REVENUE S APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OUR T ON 31 - 05 - 201 6 SD/ - SD/ - (MANISH BORAD ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 3 1 /05 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, I.T.A NO. 366 /RJT /20 13 A.Y. 2009 - 10 PAGE NO ACI T VS. M/S. MITESH IMPEX 3 ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT