ASSTT. C.I.T, CIR- 1., Nagpur V. SHRI MAHESH NANDLAL MALOO, Nagpur

ITA 498/NAG/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2209 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 5 month(s) 30 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: 2008-2009
• Appeal Filed On: 01-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

1 ITA NO. 498/NAG/2014 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 498/NAG/2014 ASSESSMENT YEAR : 2008 - 09. ASSTT. COMMISSIONER OF INCOME - TAX, SHRI MAHESH NANDLAL MALOO, CIRCLE - 1, NAGPUR. VS. NAGPUR. PAN AFXPM4524 (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.P.G. MUDLIAR. RESPONDENT : SHRI ABHAY AGRAWAL. DATE OF HEARING : 31 - 05 - 2016 DATE OF PRONOUNCEMENT : 31 ST MAY, 2016. O R D E R PER MUKUL K. SHRAWAT, J.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - II I, NAGPUR DATED 28 - 08 - 2014 DELETING THE ADDITION OF RS.14,06,300 / - MADE BY THE AO BEING PROFIT FROM HIS PROPRIETARY CONCERN M/S SHIVA TRANSPORT CO. 2. AT THE THRESHOLD IT IS NOTED THAT THE TAX EFFECT IN THIS CASE IS BELOW THE LIMIT FIXED BY THE CBDT FOR FILING APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL VIDE CBDT CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015. IN THE SAID CIRCULAR IT HAS BEEN SPECIFIED THAT THE CIRCULAR WOULD HAVE RETROSPECTIVE EFFECT AND THE REVENUE WOULD NOT PRESS AND WOULD WITHDRAW SUCH APPEALS. THERE ARE CERTAIN EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. LEARNED D.R. COULD NOT POINT OUT THAT ANY OF THESE CASES ATTRACT THE EXCEPTIONS PR OVIDED IN THE SAID CIRCULAR. 2 ITA NO. 498/NAG/2014 IN THESE CIRCUMSTANCES, IN THE LIGHT OF THE ABOVE SAID CBDT CIRCULAR, THIS APPEAL IS DISMISSED ON ACCOUNT OF TAX EFFECT IN LIMINE. 3. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 ST S DAY OF MAY, 2016. SD/ - SD/ - (SHAMIM YAHYA) ( MUKUL K. SHRAWAT) ACCOUNTANT MEMBER JUDICIAL MEMBER NAGPUR, DATED: 31 ST MAY, 2016. COPY FORWARDED TO : 1. SHRI MAHESH NANDLAL MALOO, 101, JAI BHAWANI SOCIETY, C.A. ROAD, WARDHAMAN NAGAR, NAGPUR - 440008. 2. A.C.I.T., CIRCLE - 1 , NAGPUR. 3. COMMISSIONER OF INCOME - TAX - (CENTRAL) ,NAGPUR. 4. CIT(APPEALS) - II I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR . WAKODE.