Income Tax Officer Ward 2(3)(5), Surat V. Shri Rameshbhai Devchandbhai Patel, Surat

ITA 37/SRT/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5822 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 11-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: USHA SHORTE
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER (VIRTUAL HEARING) . . ./ I.T.A NO.37/SRT/2017 / ASSESSMENT YEAR: 2012-13 INCOME TAX OFFICER, WARD NO. 2(3)(5), ROOM NO. 606,6 TH FLOOR, AAYAKAR BHAWAN, MAJURA GATE, SURAT. VS SH RAMESHBHAI DEVCHANDBHAI PATEL, PATEL FALIA, BHARTHANA, CHORYASI, SURAT. [PAN: ATWPPJ 2517 J] / APPELLANT /RESPONDENT /ASSESSEE BY SHRI TINISH MODY CA /REVENUE BY MS. USHA SHORTE SR. DR / DATE OF HEARING: 15.04.2021 /P RONOUNCEMENT ON: 15.04.2021 /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 1. THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-1, SURAT, HEREINAFTER REFERRED AS LD.CIT(A), PASSED UNDER SECTION 143(3) OF THE I.T.ACT (HEREINAFTER CALLED THE ACT) DATED 23.05.2017 FOR ASSESSMENT YEAR (AY) 2012-13. 2. THIS APPEAL COMES UP HEARING ON 15.04.2021. SHRI TINISH MODY -CA / LEARNED AUTHORISED REPRESENTATIVE (LD.AR) APPEARED ON BEHALF OF THE ASSESSEE. THE LD. AR FOR THE ASSESSEE SUBMITS THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE SINCE THE TAX EFFECT INVOLVED IN THE IMPUGNED APPEAL DOES NOT EXCEED MONETARY LIMIT I.E. RS.50 LAKHS ITA NO. 37/SRT/2017 (AY 2012-13 RAMESHBHAI DEVCHANDBHAI PATEL 2 SPECIFIED VIDE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 FOR FILING APPEAL BY REVENUE BEFORE TRIBUNAL. THE LD AR FOR THE ASSESSEE SUBMITS THAT HE HAS ALREADY FURNISHED THE WORKING OF TAX EFFECT INVOLVED IN THE PRESENT APPEAL, WHICH IS OF RS.47,68,907/-, WHICH IS BELOW RS.50 LAKHS. THEREFORE, THE APPEAL FILED BY REVENUE IS NOT MAINTAINABLE DUE TO LOW TAX EFFECT. 3. THIS FACT WAS CONFRONTED WITH THE LD. SENIOR DEPARTMENTAL REPRESENTATIVE (SR.DR) FOR THE REVENUE. THE SR. DR FOR REVENUE FAIRLY AGREED THAT THE TAX EFFECT IN THIS APPEAL IS BELOW THE MONETARY LIMIT OF RS.50 LAKHS AS PER CBDT CIRCULAR NO.17/2019. HOWEVER, THE SR.DR FOR THE REVENUE PRAYED THAT THE REVENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVED, IF AT LATER STAGE IT IS DISCOVERED THAT THE APPEAL IS COVERED BY EXCEPTION CLAUSE OF EXISTING INSTRUCTIONS OF CBDT. 4. WE HAVE CONSIDERED THE CONTENTION OF BOTH THE REPRESENTATIVE AND PERUSED THE ORDER OF LD.CIT(A) CAREFULLY. CONSIDERING THE FACT THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS.47,68,907/-, WHICH IS ADMITTEDLY LESS THAN THE MONETARY LIMIT OF TAX FIXED BY CBDT IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019 FOR FILING APPEAL BEFORE TRIBUNAL, THEREFORE, THE APPEAL OF REVENUE IS NOT ADMITTED AND DISMISSED DUE TO LOW TAX EFFECT. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVED, IF AT THE LETTER STAGE IT IS DISCOVERED THAT THE CASE IS COVERED BY ANY EXCEPTION CLAUSE OF THE SAID CIRCULAR. ITA NO. 37/SRT/2017 (AY 2012-13 RAMESHBHAI DEVCHANDBHAI PATEL 3 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED ON 15 TH APRIL 2021 AT THE TIME OF HEARING IN VIRTUAL COURT. SD/- SD/- (DR. ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER ) / SURAT, DATED : 15 TH APRIL FEB 2021 / #SGR COPY OF ORDER SENT TO:- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT