ACIT, Jamshedpur V. Shri Sanjay Kumar Sawa, Jamshedpur

ITA 50/RAN/2016

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9998 (ITAT-RANCHI)
• Duration Of Justice: 9 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 08-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY PAL
• Assessee Lawyers: KUMAR VIMAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI SMC BENCH, RANCHI BEFORE SHRI N.S SAINI, ACCOUNTANT MEMBER ITA NO.50/RAN/2016 ASSESSMENT YEAR : 2011 - 2012 ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 3, JAMSHEDPUR VS. SHRI SANJAY KUMAR SAWA, PROP. M/S. SAWA AGENCIES, JUGSALAL, JAMSHEDPUR PAN/GIR NO. AFWPS 6077 C (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SRI KUMAR VIMAL , AR REVENUE BY : SHRI SANJAY PAL , DR DATE OF HEARING : 6 /12/ 2016 DATE OF PRONOUNCEMENT : 6 /12/ 2016 O R D E R THIS IS AN APPEAL FILED BY THE REVENUE AGA INST THE ORDER OF CIT(A) - JAMSHEDPUR , DATED 27.11.2015 , FOR THE ASSESSMENT YEAR 2011 - 2012 . 2. THE SO L E GRIEVANCE OF THE REVENUE IN THIS APPEAL IS THAT THE LD CIT(A) IS ERRED IN DELETING THE ENTIRE INTEREST OF RS.9,464/ - U/S.234B OF THE ACT RELYING ON THE DECISION OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF SHRI AJAY PRAKASH VERMA IN TA NO.38 OF 2010 REPORTED IN 2013(1) TMI 140. 3. AT THE TIME OF HEARING, THE LD. AR SUBMITTED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO 2 ITA NO.50/RAN/2016 ASSESSMENT YEAR : 2011 - 2012 RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUBMITTED THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTA INABLE AS THE TAX EFFECT INVOLVED IS LESS THAN RS.10,00,000/ - . 4. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . 5 . I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD . I FIND THAT THE CBDT IN ITS CIRCULAR STATED THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . IN VIEW OF ABOVE, I AM OF HE CONSIDERED OPINION THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. THEREFORE, I DISMISS THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE. 6 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRO NO UNCED IN THE OPEN COURT ON 6 /12/2016 IN THE PRESENCE OF PARTIES. SD/ - (N.S SAINI) A CCOUNTANT MEMBER RANCHI ; DATED 6 /12 /2016 3 ITA NO.50/RAN/2016 ASSESSMENT YEAR : 2011 - 2012 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PS, ITAT, CAMP AT RANCHI 1. THE APPELLANT : ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 3, JAMSHEDPUR 2. THE RESPONDENT. SHRI SANJAY KUMAR SAWA, PROP. M/S. SAWA AGENCIES, JUGSALAL, JAMSHEDPUR 3. THE CIT(A) JAMSHEDPUR 4. CIT , JAMSHEDPUR 5. DR, ITAT, RANCHI 6. GUARD FILE. //TRUE COPY//