The ITO, Ward-3 (1) (2), RAJKOT-GUJARAT V. M/s Alpa Construction Co., RAJKOT-GUJARAT

ITA 684/RJT/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2291 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 02-12-2015
• Assessment Year: 2000-2001
• Appeal Filed On: 02-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: S H RI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER [CONDUCTED THROUGH E - C OURT AT AHMEDABAD] THE INCOME TAX OFFICER, WARD 3(1)(2), RAJKOT (APPELLANT) VS ALPHA CONSTRUCTION CO., 210, PRAGATI COMPLEX, OPP. AMIN MARG, 150 FEET RING ROAD, RAJKOT PAN: AAPFA4 975D (RESPONDENT) REVENUE BY : S H RI C.S. ANJARIA , D . R. ASSESSEE BY: NONE DATE OF HEARING : 03 - 12 - 2 015 DATE OF PRONOUNCEMENT : 12 - 02 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THI S REVENUE S APPEAL FOR A.Y. 2000 - 01 , AR ISES FROM ORDER OF THE CIT(A) - IV, RAJKOT DATED 26 - 09 - 2014 IN APPEAL NO. CIT(A) - IV / 0058/12 - 13 , IN PROCEEDINGS UNDER SECTION 271(1 ) (C ) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 684 / RJT /20 14 A SSESSMENT YEAR 200 0 - 01 I.T.A NO. 684 /RJT /20 14 A.Y. 2000 - 01 PAGE NO ITO VS. M/S ALPHA CONSTRUCTION CO. 2 2. THE REVENUE S SOLE SUBSTANTIVE GROUND CHALLENGES THE CIT(A) S ORDER DELETING SECTION 271(1)(C) PENALTY OF RS. 4,26,965/ - AS IMPOSED BY THE ASSESSING OFFICER IN PENALTY ORDER DATED 27 - 06 - 2012. THERE CAN HARDLY BE ANY DISPUTE THE NE T TAX EFFECT IN THE INSTANT APPEAL COMES TO BE 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10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE T RIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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 12 - 02 - 201 6 SD/ - SD/ - (PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBE R AHMEDABAD : DATED 12 /02 /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. 684 /RJT /20 14 A.Y. 2000 - 01 PAGE NO ITO VS. M/S ALPHA CONSTRUCTION CO. 3 BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT