The ACIT, Circle-2, JAMNAGAR V. Mitesh Impex, JAMNAGAR

ITA 509/RJT/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2334 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 27-01-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 27-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Assessee Lawyers: M J RANPURA C A
• Keywords: Audit objection; Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [ CONDUCTED THROUGH E-COURT AT AHMEDABAD ] - , !' #$, %& BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ I.T.A. NO.509/RJT/2014 ( / ASSESSMENT YEAR : 2006-07) THE ACIT CIRCLE-2 JAMNAGAR / VS. MITESH IMPEX PLOT NOD.287, GIDC PHASE-II, DARED JAMNAGAR + %& ./ ./ PAN/GIR NO. AADFM 2151 M ( +- / APPELLANT ) .. ( ./+- / RESPONDENT ) +- 0 % / APPELLANT BY : SHRI C.S. ANJARIA, DR ./+- 1 0 % / RESPONDENT BY : SHRI M.J. RANPURA, C.A. !23 1 & / DATE OF HEARING 27/01/2016 4' 1 & / DATE OF PRONOUNCEMENT 27/01/2016 % / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-JAMNAG AR DATED 26.06.2014 FOR THE ASSESSMENT YEAR 2006-07, CANCEL LING THE PENALTY LEVIED U/S.271(1)(C) OF RS.9,58,180/- MADE BY THE A SSESSING OFFICER. ITA NO.509 /RJT /2014 ACIT VS. MITESH IMPEX ASST.YEAR 2006-07 - 2 - 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASS ESSEE CONTENDED THAT AS PER CENTRAL BOARD OF DIRECT TAXES CIRCULAR NO. 2 1/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10TH DECEMBE R 2015, THE REVISED LIMIT FOR PREFERRING REVENUE'S APPEALS IS R S. 10 LACS. HE SUBMITTED THAT THE TAX EFFECT IN THE PRESENT REVENU E'S APPEAL IS RS.9,58,180/- WHICH IS BELOW THE PRESCRIBED LIMIT OF RS. 10 LACS. HE HAS ALSO SUBMITTED A WORKING OF THE TAX EFFECT. HE, T HEREFORE, PLEADED THAT IN VIEW OF THE CBDT CIRCULAR, THE REVENUE'S APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRESCRIBED LIMIT. 3. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT CO NTROVERT THE AFORESAID SUBMISSIONS OF THE LD. COUNSEL FOR THE AS SESSEE. 4. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MAT ERIAL PLACED BEFORE US. WE FIND THAT THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10TH DECEMBER 2015, VIDE WHICH IT HAS BE EN PROVIDED THAT IF THE TAX EFFECT BY VIRTUE OF THE COMMISSIONER OF INC OME-TAX (APPEALS)S ORDER IS BELOW RS. 10 LAKHS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL. THE BOARD H AS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREI N IT HAS BEEN PROVIDED THAT THESE INSTRUCTIONS WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SOME ITA NO.509 /RJT /2014 ACIT VS. MITESH IMPEX ASST.YEAR 2006-07 - 3 - AUDIT OBJECTIONS OR THE ADDITION RELATES TO UNDISCL OSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT THE PRESENT CASE DOE S NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LESS THAN RS. 10 LA KHS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND HENCE DISMIS SED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 27TH JANUARY, 201 6 AT AHMEDABAD. SD/- SD/- ( !' #$) ( ) %& ( MANISH BORAD ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 27 / 01 /2016 ..!, 2.!../ T.C. NAIR, SR. PS / COPY OF THE ORDER FORWARDED TO : 1. +- / THE APPELLANT 2. ./+- / THE RESPONDENT. 3. # 8 / CONCERNED CIT 4. 8 ( ) / THE CIT(A)-JAMNAGAR 5. :2; .! , , /DR,ITAT, RAJKOT 6. ;FG H3 / GUARD FILE. / BY ORDER, /: . //TRUE COPY// / ( DY./ASSTT.REGISTRAR) & ' , / ITAT, RAJKOT