The ITO, Ward-2, Palanpur V. Shri Mahendrakumar Jesinglal Doshi, Banaskantha

ITA 704/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8422 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 22-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MEHUL K PATEL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SHRI S.S. GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE ITO, WARD - 2, PALANPUR (APPELLANT) VS SHRI MAHENDARKUMAR JESINGLAL DOSHI , C/O MEGHDOOT ENGINEERING CO. NEAR FUVARA, DEESA. DIST: BANASKANTHA PAN: ACKPD5745P (RESPONDENT) REVENUE BY : S H RI MUDIT NAGPAL , SR. D . R. ASSESSEE BY: SHRI MEHUL K. PATEL DATE OF HEARING : 16 - 04 - 2 018 DATE OF PRONOUNCEMENT : 18 - 04 - 2 018 / ORDER P ER : AMARJIT SINGH, ACCOUNTA NT MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 20 09 - 10 , AR ISES FROM ORDER OF THE CIT(A) - 4 , AHMEDABAD DATED 10 - 02 - 2016 , IN PROCEEDINGS UNDER SECTION 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE REVEN UE S SOLE SUBSTANTIVE GRO UND CHALLENGE S THE LOWER AP PELLATE ORDER DELETING THE ADDITION MADE ON ACCOUNT OF DISALLOW ANCE OF RS. 29,80,671/ - MADE BY THE ASSESSING OFFICER U/S. 40(A)(IA) OF THE I.T. ACT . THERE IS NO DISPUTE THAT THE NET TAX EFFECT 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 I T A NO . 704 / A HD/ 20 16 A SSESSMENT YEAR 2009 - 10 I.T.A NO. 704/AHD/2016 A.Y. 2009 - 10 PAGE NO I T O VS. SHRI MAHENDRA JESINGLAL DOSHI 2 NO. 2 1/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT P RESSED AS PER THE ABOVE ST ATED CIRCULAR .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 DI SMISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 18 - 04 - 201 8 SD/ - SD/ - ( S.S. GODARA ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 18 /04 /2018 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,