Dy. Commr. Income Tax, Junagadh Circle, , Junagadh V. Nileshbhai Govindbhai Dhulesiya, Junagadh

ITA 405/RJT/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0488 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 22-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DM RINDANI; D D SHAH A R SHRI ANKIT GOKANI
• Keywords: Audit objection; Tax effect

Judgement Text

PAGE 1 OF 6 , , IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT . . , . . , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . . ./I.T.A. NO.302/RJT/2015 /ASSESSMENT YEAR : 2010-11 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), RAJKOT. VS. RAJANI DEVELOPERS PVT. LTD., 9 TH FLOOR, DHANRAJ COMPLEX, DR YAGNIK ROAD, RAJKOT. [PAN: AABCR 0213 N] APPELLANT /RESPONDENT . . ./I.T.A. NO.226/RJT/2015 /ASSESSMENT YEAR : 2003-04 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJKOT. VS. SIYARAM METALS PVT. LTD., B-18, SHANKAR TEKRI, UDYOGNAGAR, JAMNAGAR. [PAN: AAECS 2779 P] APPELLANT /RESPONDENT . . ./I.T.A. NO.405/RJT/2017 /ASSESSMENT YEAR : 2014-15 DEPUTY COMMISSIONER OF INCOME TAX, JUNAGADH CIRCLE, JUNAGADH. VS. NILESHBHAI GOVINDBHAI DHULESIYA JUNAGADH, C/O.M/S.NOBEL BUILDERS, TAKSHISHILA APARTMETN, NEHRU PARK, B/H.DWARKADHISH MARKET, JUNAGADH. [PAN: ABXPD 8891 J] APPELLANT /RESPONDENT . . ./I.T.A. NO.208/RJT/2016 /ASSESSMENT YEAR : 2010-11 ASSISTANT COMMISSIONER OF INCOME TAX, SYMBOLIC FABTEX PVT. LTD., 99/101, AGRAWAL HOUSE, CAVEL PAGE 2 OF 6 GANDHIDHAM CIRCLE, GANDHIDHAM. STREET, RAMWADI, KALBADEVI ROAD, MUMBAI 400 002. [PAN: AADCA 1432 C] APPELLANT /RESPONDENT . . ./I.T.A. NOS.611 & 613/RJT/2014 /ASSESSMENT YEARS : 2007-08 & 2009-10 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, RAJKOT. VS. ATUL AUTO LTD., PLOT NO.1 TO 4, SURVEY NO.86, NR.MICROWAVE TOWER, NATIONAL HIGHWAY 8B, SHAPAR-VERAVAL, TAL: KOTDA SANAGNI, RAJKOT 360 002. [PAN: AACCA 3018 M] APPELLANT /RESPONDENT . . ./I.T.A. NO.351/RJT/2016 /ASSESSMENT YEAR : 2013-14 THE INCOME TAX OFFICER, WARD-1, GANDHIDHAM. VS. TARSEMAL J. GUPTA, PLOT NO.256, WARD-12B, GANDHIDHAM. [PAN: ABZPG 7159 C] APPELLANT /RESPONDENT PAGE 3 OF 6 . . ./I.T.A. NO.657/RJT/2014 /ASSESSMENT YEAR : 2006-07 THE INCOME TAX OFFICER, WARD-2(2), JAMNAGAR. VS. SHITALBEN SAURABHVORA, PROP. OF RIDHI IMPEX, PLOT NO.624, GIDC, PHASE-2, DARED, JAMNAGAR. [PAN: AMIPS 5690 Q] APPELLANT /RESPONDENT . . ./I.T.A. NO.277/RJT/2015 /ASSESSMENT YEAR : 2011-12 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJKOT. VS. NISHAN EXPORTS, DHORAJI ROAD, NAVAGADH, JETPUR, DIST. RAJKOT. [PAN: AACFN 4659 C] APPELLANT /RESPONDENT C.O. NO.45/RJT/2015 (ARISING OUT OF ITA NO.277/RJT/2015) /ASSESSMENT YEAR : 2011-12 NISHAN EXPORTS, DHORAJI ROAD, NAVAGADH, JETPUR, DIST. RAJKOT. [PAN: AACFN 4659 C] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJKOT. APPELLANT /RESPONDENT /ASSESSEE BY SHRI D.M.RINDANI A.R. & SHRI D.D.SHAH A.R., SHRI ANKIT GOKANI & WRITTEN SUBMISSIONS /REVENUE BY SHRI PRAVEEN VERMA SR. D.R. & SHRI JITENDRA KUMAR D.R. / DATE OF HEARING: 2 8 .11. 2018 /PRONOUNCEMENT ON 30 . 1 1 .2018 /O R D E R PER BENCH: PAGE 4 OF 6 1. THESE NINE APPEALS HAVE BEEN FILED BY THE REVENUE AND THE CROSS OBJECTION NO.45/RJT/2015 IN ITA NO.277/RJT/2015 HAS BEEN FILED BY THE ASSESSEE. 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIAL AVAILABLE ON RECORD AND FIND THAT TAX EFFECT INVOLVED IN THESE APPEALS ARE BELOW RS. 20 LAKHS. THE LD. DR ALSO DID NOT DISPUTE THIS FACT. WE FIND THAT THE CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 [F.NO.279/MISC.142/2007-ITJ (PT)] HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEAL BEFORE TRIBUNAL FIXING THE TAX EFFECT LIMIT AT RS.20 LACS. THE SAID CIRCULAR SUPERSEDES THE EARLIER CIRCULAR(S) ISSUED ON THE SUBJECT OF TAX EFFECT AND APPLIES TO ALL PENDING APPEAL RETROSPECTIVELY.THE BOARD HAS PROVIDED EXCEPTIONS PROVIDED UNDER PARA 10 OF THE CIRCULAR WHEREIN IT HAS BEEN PROVIDED THAT THE ISSUES RELATED IS TO BE CONTESTED (A) WHERE THE CONSTITUTION VALIDITY OF THE PROVISION OF THE ACT OR (B) RULE IS UNDER CHALLENGE OR (C) WHERE BOARD`S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE PAGE 5 OF 6 ILLEGAL OR ULTRA VIRES, OR WHERE REVENUE AUDIT OBJECTIONS HAS BEEN ACCEPTED BY THE DEPARTMENT OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. 3. WE FIND THAT THE PRESENT CASES DO NOT FALL WITHIN THE EXCEPTIONS CLAUSE AND THE TAX DEMAND IS LESS THAN RS.20 LACS. THEREFORE, THE PRESENT APPEALS ARE NOT MAINTAINABLE AS PER RECENT CIRCULAR (SUPRA) AND HENCE THE SAME IS DISMISSED. HOWEVER, WE MAY MAKE IT CLEAR THAT THE REVENUE IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING THIS ORDER, IF IT COMES TO THE NOTICE OF THE ASSESSING OFFICER THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED UNDER CIRCULAR OR REVENUE`S CASE FALLS WITHIN THE AMBIT OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR. C.O.NO.45/RJT/2015 FOR A.Y.2011-12 (BY ASSESSEE): 4. IN THE LD.ASSESSEES REPRESENTATIVE SHRI D.D.SHAH SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PRESS CROSS OBJECTION NO.45/RJT/2015 FOR A.Y. 2011-12, HENCE THE SAME IS DISMISSED AS NOT PRESSED. PAGE 6 OF 6 5. IN THE RESULT, ALL THE NINE APPEALS OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE IN C.O.NO.45/RJT/2015 ARE DISMISSED. 6. THE ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2018. SD/- SD/- ( .. /C.M. GARG) ( .. / O.P.MEENA) /JUDICIAL MEMBER /ACCOUNTANT MEMBER / RAJKOT, DATED : 30 TH NOVEMBER , 2018/ S.GANGADHARA RAO, SR.PS COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, RAJKOT