ACIT, Vapi Circle, Vapi, Vapi V. M/s Heritage Industries Services, Vapi

ITA 400/SRT/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5567 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 29-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, HON'BLE JUDICIAL MEMBER AND DR.SHRI ARJUN LAL SAINI, HON'BLE ACCOUNTANT MEMBER (VIRTUAL HEARING) . . ./ I.T.A NO.400/SRT/2017 / ASSESSMENT YEAR: 2013-14 THE ASSISTANT COMMISSIONER OF INCOME TAX, VAPI CIRCLE, VAPI. VS. M/S. HERITAGE INDUSTRIES SERVICES, D-106, NANDANDHAM CO-OP SOCIETY, VAPI, DAMAN ROAD, NR. BALAJI TOWER, CHALA, VAPI 396 191. [PAN: AAGFH 1088 F] / APPELLANT /RESPONDENT /ASSESSEE BY SHRI HARDIK VORA AR /REVENUE BY SMT. ANUPAMA SINGLA SR.DR / DATE OF HEARING: 29.04.2021 /PRONOUNCEMENT ON: 29.04.2021 /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), VALSAD, HEREINAFTER REFERRED AS LD. CIT(A), DATED 27.06.2017 FOR ASSESSMENT YEAR (AY) 2013-14. 2. AT THE OUTSET OF HEARING, THE LD. AUTHORISED REPRESENTATIVE (AR) OF THE ASSESSEE SUBMITS THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS ONLY OF RS.12 LAKHS (APPROX.), WHICH IS BELOW THE MONETARY LIMIT OF TAX EFFECT FOR FILING APPEAL BEFORE TRIBUNAL. THE LEARNED AR FOR THE ASSESSEE SUBMITS THAT CENTRAL BOARD OF DIRECT TAXES (CBDT) IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019, HAS ACIT, VAPI CIRCLE, VAPI VS. HERITAGE INDUSTRIES SERVICES, VAPI ./ ITA NO.400/SRT/2017 FOR A.Y. 2013-14 2 ENHANCED THE MONETARY LIMIT TO RS. 50.00 LAKHS FOR FILING APPEAL BEFORE THE TRIBUNAL. THUS, THE PRESENT APPEAL IS NOT MAINTAINABLE AND IS LIABLE TO BE DISMISSED. 3. THE LD. SENIOR DEPARTMENTAL REPRESENTATIVE (SR.DR) FOR THE REVENUE SUBMITS THAT THE TAX EFFECT IN THE PRESENT APPEAL SEEMS TO BE LESS THAN RS. 50.00 LAKHS. HOWEVER, THE REVENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVE, INCASE IF IT IS DISCOVERED THAT THE TAX EFFECT IS MORE THAN RS. 50.00 LAKHS OR THE GROUNDS OF APPEAL RAISED BY THE REVENUE IS COVERED BY ANY EXCEPTION CLAUSE OF CBDT CIRCULAR DATED 20.08.2018. 4. WE HAVE CONSIDERED THE CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE ORDERS OF ASSESSING OFFICER AND ORDER PASSED BY LD. CIT (A). WE HAVE NOTED THAT THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX (PCIT), WHILE GRANTING APPROVAL FOR FILING APPEAL, IN THE STATEMENT OF FACTS RECORDED THAT THE TAX EFFECT IN THIS APPEAL IS OF RS. 13,63,493/-, WHICH IS LESS THAN THE MONETARY LIMIT OF THE RS.50.00 LAKHS PRESCRIBED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 FOR FILING APPEAL BEFORE THE TRIBUNAL. HENCE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVE IF AT LATER STAGE IT IS DISCOVERED THAT GROUNDS RAISED BY THE REVENUE IS COVERED BY ANY EXCEPTION CLAUSE OF CIRCULAR OF CBDT DATED 20.08.2018 OR THE TAX EFFECT IS MORE THAN RS. 50.00 LAKHS. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ACIT, VAPI CIRCLE, VAPI VS. HERITAGE INDUSTRIES SERVICES, VAPI ./ ITA NO.400/SRT/2017 FOR A.Y. 2013-14 3 ORDER PRONOUNCED ON 29 TH APRIL 2021 WHILE HEARING THE APPEAL. SD/- SD/- (DR. ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 29 TH APRIL, 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