The ITO, TDS-4, GANDHIDHAM V. M/s Safari Fine Clothing Pvt. Ltd., GANDHIDHAM

ITA 607/RJT/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1314 (ITAT-RAJKOT)
• Duration Of Justice: 4 month(s) 5 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: 05-04-2016
• Assessment Year: 2014-2015
• Appeal Filed On: 10-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M J CHARANIA
• 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] THE ITO , TDS - 4 , GANDHIDHAM (APPELLANT) VS M/S. SAFARI FINE CLOTHING PVT. LTD, SHED - 280/281, A - TYPE, SECTOR - 3, KASEZ, GANDHIDHAM PAN: AAJCS0565Q (RESPONDENT) REVENUE BY : S H RI M.J. CHARANIA, D . R. ASSESSEE BY: S H RI KALPESH DOSHI , A.R. DATE OF HEARING : 05 - 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) - I, RAJKOT DATED 02 - 09 - 2015 IN APPEAL NO. CIT(A) - I / RJT/T - 3 07/13 - 14 , IN PROCEEDINGS UNDER SECTION 206C(6A)/206C(7 ) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 607 / RJT /20 15 A SSESSMENT YEAR 2014 - 1 5 I.T.A NO. 60 7/RJT /20 15 A.Y. 2014 - 1 5 PAGE NO IT O VS. M/S. SAFARI FINE CLOTHING PVT. LTD. 2 2. THE REVENUE S SOLE SUBSTANTIVE GROUND READS THAT THE CIT(A) HAS ERRED IN REVERSING ASSESSING OFFICER S ORDER PASSED U/S. 206C(6) RAISING TCS DEMAND OF RS. 6,47,504/ - IN QUESTION. BOTH PARTIES AGREED THAT THE NET TAX INVO LVED IN THE INSTANT APPEAL 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10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNA L/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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 APPEAL ACCOR DINGLY. 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 JUDICIAL MEMBER AH MEDABAD : 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. 60 7/RJT /20 15 A.Y. 2014 - 1 5 PAGE NO IT O VS. M/S. SAFARI FINE CLOTHING PVT. LTD. 3 BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT