The Asstt. Commr. Income Tax, Circle-5, RAJKOT-GUJARAT V. M/s Roto Screentech Pvt. Ltd., RAJKOT-GUJARAT

ITA 616/RJT/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1315 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 5 month(s) 15 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: 2005-2006
• Appeal Filed On: 30-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

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] ACIT, CIRCLE - 5 , RAJKOT (APPELLANT) VS M/S. ROTO SCREENTECH PVT. LTD., 301, SILVER CHAMBERS, TAGORE ROAD, RAJKOT PAN: AABCR3206K (RESPONDENT) REVENUE B Y : S H RI PRASOON KABRA , D . R. ASSESSEE BY: WRITTEN SUBMISSION 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. 20 05 - 06 , AR ISES FROM ORDER OF THE CIT(A) - IV, RAJKOT DATED 2 8 - 08 - 2014 IN APPEAL NO. CIT(A) - IV / 0198/13 - 14 , IN PROCEEDINGS UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 6 16 / RJT /20 14 A SSESSMENT YEAR 20 05 - 06 I.T.A NO. 616 /RJT /20 14 A.Y. 20 05 - 06 PAGE NO ACIT VS. M/S ROTO SCREENTECH PVT. LTD. 2 2. THE REVENUE S SOLE SUBSTANTIVE GROUND SE EKS TO REVIVE SECTION 40(A)(IA) DISALLOWANCE/ADDITION OF RS. 27,69,103/ - MADE BY THE ASSESSING OFFICER ON ACCOUNT OF ASSESSEE S FAILURE IN NOT DEDUCTING TDS ON FREIGHT CLEARING AND FORWARDING CHARGES. BOTH PARTIES AGREE THAT THE NET TAX EFFECT INVOLVED 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10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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 APPEAL 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 JUDICIAL 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 I.T.A NO. 616 /RJT /20 14 A.Y. 20 05 - 06 PAGE NO ACIT VS. M/S ROTO SCREENTECH PVT. LTD. 3 6. GUARD FILE. BY ORDER, ASSISTANT REGIST RAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT