The Dy. Commr. Of Income Tax, TDS Circle, Rahpar-Kutch V. Den Rajkot City Communication Pvt. Ltd., JUNAGADH

ITA 594/RJT/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1313 (ITAT-RAJKOT)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 07-04-2016
• Assessment Year: 2014-2015
• Appeal Filed On: 04-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DM RINDANI
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: S H RI ANIL CHATURVEDI , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER [CONDUCTED THROUGH E - COURT AT AHMEDABAD] D CIT, TDS CIRCLE , RAJKOT (APPELLANT) VS DEN RAJKOT CITY COMMUNICATION P. LTD, C/O M.S. JANI & CO., 11/12, CHAMBER BUILDING, JAYSHRI ROAD, JUNAGADH PAN: RKTRO1 735G (RESPONDENT) REVENUE BY : S H RI PRASOON KABRA , D . R. ASSESSEE BY: S H RI D.M. RINDANI , A.R. DATE OF HEARING : 07 - 04 - 2 016 DATE OF PRONOUNCEMENT : 15 - 04 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THI S REVENUE S APPEAL FOR A.Y. 2014 - 1 5 , AR ISES FROM ORDER OF THE CIT(A) - 1, RAJKOT DATED 01 - 09 - 2015 IN APPEAL NO. CIT(A) - I / RJT/T189/13 - 14 , IN PROCEEDINGS UNDER SECTION 201(1 ) /201(1A) OF THE INCOME TAX ACT , 1961; IN SHORT THE ACT . I T A NO . 594 / RJT /20 15 A SSESSMENT YEAR 2014 - 1 5 I.T.A NO. 594 /RJT /20 15 A.Y. 2014 - 1 5 PAGE NO D CI T VS. DEN RAJKOT CITY COMMUNICATION P. LTD 2 2. THE REVENUE S SOLE SUBSTANTIVE PLEADS THAT THE CIT(A) HAS ERRED IN LAW AS WELL AS ON FACTS IN DELETING DEMAND OF RS. 7,35,626/ - RAISED BY ASSESSING OFFICER IN PROC EEDINGS U/S. 201(1)/201(1A) OF THE ACT. BOTH PARTIES AGREE T HAT THE NET TAX EFFECT INVOLVED HEREIN IS LESS THAN RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT A PPEAL ACCORDINGLY. 3. THIS REVENUE S APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OUR T ON 15 - 04 - 201 6 SD/ - SD/ - (ANIL CHATURVEDI ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIA L MEMBER AHMEDABAD : DATED 15 /04 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. I.T.A NO. 594 /RJT /20 15 A.Y. 2014 - 1 5 PAGE NO D CI T VS. DEN RAJKOT CITY COMMUNICATION P. LTD 3 BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT