The ITO, Ward-2(2), RAJKOT-GUJARAT V. M/s Damodar Oil Mill, Jasdan

ITA 661/RJT/2010

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1272 (ITAT-RAJKOT)
• Duration Of Justice: 6 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-05-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 02-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Keywords: 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 ./ ITA NO. 661 / RJT /20 1 0 / ASSESSMENT YEAR: 2006 - 07 INCOME TAX OFFICER, WARD 2 (2), RAJKOT VS M/S. DAMODAR OIL MILL, STATION ROAD, JASDAN PAN : AACFD 5899 A / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI C.S. ANJARIA, SR. DR. ASSESSEE(S) BY : NONE / DATE OF HEARING : 18 / 0 5 /201 6 / DATE OF PRONOUNCEMENT: 19 / 0 5 /201 6 / O R D E R PER KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - I I I , RAJKOT , DATED 11 . 1 1 .20 09 FOR ASSESSMENT YEAR 200 6 - 0 7 . 2. AT THE TIME OF HEARING, IT IS NOTICED THAT THE APPEAL OF THE REVENUE HAS BEEN FILED AGAINST THE ORDER OF LD. CIT(A) IN RESTRICTI NG THE ADD ITION TO THE EXTENT OF RS.8 ,50,000/ - ; THEREFORE, THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESSER THAN THE PRESCRIBED LIMIT IN VIEW OF THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAXES (CBDT) DATED 10.12.2015 (CIRCULAR NO.21 OF 2015), NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF GIVEN BY LD. CIT(A) BEFORE THE INCOME TAX APPELLATE TRIBUNAL UNLESS THE TAX EFFECT, EXCLUDING I NTEREST EXCEEDS RS.10 LACS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS. IN THE ITA NO. 661/RJT/ 2010 ITO VS DAMODAR OIL MILL FOR AY 2006 - 07 2 PRESENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT THE TAX EFFECT IS LESS THAN RS.10 LACS, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESAID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DEPARTMENT AND THEREFORE THE PRESENT APPEAL I S NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES, WE DISMISS THIS APPE AL OF REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CASE. 3. I N THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 1 9 T H MAY , 2016 AT AHMEDABAD. SD/ - SD/ - ( MANISH BORAD ) ACCOUNTANT MEMBER (KUL BHARAT) JUDICIAL MEMBER AHMEDABAD; DATED 1 9 / 05 /201 6 *BIJU T. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A ) 5. , , DR, ITAT, RAJKOT 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, RAJKOT