ITO, Ward-1(1)(3), Ahmedabad V. M/s. Crystal Ceramics Industries Pvt. Ltd. ( Formerly known as Crystal Glaze), Ahmedabad

ITA 693/AHD/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9179 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 05-09-2019
• Assessment Year: 2007-2008
• Appeal Filed On: 20-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NOS. 693 & 694/AHD/2018 ( ASSESSMENT YEARS : 2007-08 & 2008-09) ITO WARD 1(1)(3), AHMEDABAD / VS. M/S. CRYSTAL CERAMICS INDUSTRIES PVT. LTD. (FORMERLY KNOWN AS CRYSTAL GLAZES) B-19, VISHNU PARK SOCIETY, B/H. BHAGYODAYA TENAMENTS, OPP: BETHAK, NARODA, AHMEDABAD ./ ./ PAN/GIR NO. : AACFC0926H ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI MUDIT NAGPAL, SR.D.R. / RESPONDENT BY : SHRI ASEEM L. THAKKAR, A.R. DATE OF HEARING 05/09/2019 !'# / DATE OF PRONOUNCEMENT 04/10/2019 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEALS HAVE BEEN FILED AT THE INSTAN CE OF THE REVENUE AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME TA X (APPEALS)-5, AHMEDABAD (CIT(A) IN SHORT), BOTH DATED 12.12.201 7 ARISING IN THE RESPECTIVE ASSESSMENT ORDERS BOTH DATED 27.03.2014 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AYS. 2007-08 & 2008-09. ITA NOS. 693 & 694/AHD/18 [ITO VS. M/S. CRYSTAL CERAMICS INDUSTRIES PVT. LTD.] A.YS. 2007-8 & 2008- 09 - 2 - 2. THE GRIEVANCES RAISED BEING COMMON, BOTH THE CAS ES WERE HEARD TOGETHER AND DISPOSED OF BY COMMON ORDER. 3. THE SUBSTANTIVE GROUND OF APPEAL RAISED BY THE REVENUE IN ITA NO. 693/AHD/2018 READS AS UNDER:- (1) THAT THE LD. CIT(A) ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.134,14,921/- MADE ON ACCOUNT OF UNDISCLOSED INCO ME. 4. THE SUBSTANTIVE GROUND OF APPEAL RAISED BY THE REVENUE IN ITA NO. 694/AHD/2018 READS AS UNDER:- (1) THAT THE LD. CIT(A) ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.97,74,031/- MADE ON ACCOUNT OF UNDISCLOSED INCOM E. 5. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEALS FILED BY THE REVENUE ARE HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 279/MISC/ M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/201 9 DATED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMI TS IS ALSO APPLICABLE TO ALL PENDING APPEALS. AS PER AFORESAI D CIRCULAR READ WITH INSTRUCTION, ALL PENDING APPEALS FILED BY REVENUE A RE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHER E THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT O N THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE BOTH APPEALS OF THE REVENUE ARE REQUIRED TO BE DISMISSED IN LIMINE . 6. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, BOTH ITA NOS. 693 & 694/AHD/18 [ITO VS. M/S. CRYSTAL CERAMICS INDUSTRIES PVT. LTD.] A.YS. 2007-8 & 2008- 09 - 3 - APPEALS OF THE REVENUE ARE DISMISSED AS NOT MAINTAI NABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEALS ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCU LAR IN ANY MANNER. 7. IN THE RESULT, BOTH APPEALS OF THE REVENUE ARE D ISMISSED. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 04/10/2019 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 04/10/201 9