The ITO, Ward-1(5), Bharuch V. Shri Ambalal C. Purohit, Bharuch

ITA 539/AHD/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6254 (ITAT-SURAT)
• Duration Of Justice: 4 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 04-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Keywords: Tax effect
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO. 539/AHD/2016 (ASSESSMENT YEARS: 2011-12) ( VIRTUAL COURT) INCOME TAX OFFI CER, WARD - 1(5), BHARUCH. VS . AMBALA L CHHATRASINH PUROHIT, SURVEY NO. 204, IPCL MAIN ROAD, AT & POST. DAHEJ, TAL. VAGRA, BHARUCH-392130. PAN : AKSPP5919R APPELLANT RESPONDEDNT APPELLANT BY MS. ANUPAMA SINGLA - SR. DR RESPONDENT BY NONE. DATE OF HEARING 22 / 0 9 / 2020 DATE OF PRONOUNCEMENT 22 / 0 9 / 2020 PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL FILED BY THE REVENUE, IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-3 VADODARA [IN SHORT THE CIT(A)] DATED 21.12.2015 FOR THE ASSESSMENT YEAR (AY) 2011-12. THOUGH THE REVENUE HAS RAISED AS MANY AS THREE GROUNDS OF APPEAL, HOWEVER, IN OUR CONSIDERED VIEW THE SOLE GROUNDS OF APPEAL RAISED BY REVENUE RELATES TO DELETING THE DISALLOWANCE OF EXPENSES OF RS.89,41,032/-. 2. AT THE OUTSET OF HEARING, THE LD. SR. DEPARTMENTAL REPRESENTATIVE (DR) SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF RS.50 LAKHS, AS PRESCRIBED BY CENTRAL ITA 539/AHD/2016/AY.2011-12/AMBALAL CHHATRASINH PUROHIT 2 BOARD OF DIRECT TAXES (CBDT) IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019, THEREFORE, THE APPEAL MAY BE TREATED AS NOT PRESSED. 3. CONSIDERING THE SUBMISSION OF LD. SR. DR FOR THE REVENUE, WE FIND THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF RS.50 LAKHS FIXED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, THEREFORE, THE APPEAL OF REVENUE IS DISMISSED BEING NOT MAINTAINABLE. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVED IN CASE, IF IT IS DISCOVERED THAT THE TAX EFFECT INVOLVED IN THE APPEALS ARE MORE THAN THE MONETARY LIMIT OR THE CASE IS COVERED BY ANY EXCEPTION CLAUSE OF THE AFORESAID CIRCULAR. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED AT THE TIME OF HEARING OF THE APPEAL ON 22/09/2020. SD/- SD/- (DR. ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 22/09/2020 SAMANTA, PS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR // TRUE COPY // /TRUE COPY/ BY ORDER ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT