The DCIT, Circle-1(1), Baroda V. M/s. Alembic Limited, Baroda

ITA 71/AHD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8934 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 29-03-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 10-01-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: G.C. DAXINI
• Keywords: Tax effect
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD (BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) ITA. NO: 71/AHD/2014 (ASSESSMENT YEAR: 2009-10) THE DCIT CIR-1(1), BARODA V/S M/S. ALEMBIC LTD. ALEMBIC ROAD BARODA - 390001 (APPELLANT) (RESPONDENT) PAN: AABCA 7950 P APPELLANT BY : SHRI G.C. DAXINI, SR. D.R. RESPONDENT BY : MS. URVASHI SODHAN, A.R. ( )/ ORDER DATE OF HEARING : 29/03/2017 DATE OF PRONOUNCEMENT : 30/03/2017 PER MAHAVIR PRASAD, JUDICIAL MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF LD. CIT(A)-I, BARODA DATED 01.10.2013 PERTAINING TO A.Y . 2009-10. 2. THE SUBSTANTIVE GRIEVANCE OF THE REVENUE READS AS U NDER:- I. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW, THE LD. CIT(A) ERRED IN DIRECTING THE AO TO ALLOW THE INTER EST U/S. 244A OF THE ACT ON REFUND OF INTEREST U/S.234D AND WITHDRAW AL OF INTEREST U/S. 244A OF THE ACT WITHOUT APPRECIATING THE FACT THAT AS PER THE ITA NO.71/A HD/2014 . A.Y. 2009-1 0 2 PROVISIONS OF SECTION 244A OF THE ACT, THE ASSESSEE IS NOT ENTITLED FOR INTEREST ON REFUND OF ANY INTEREST. II. ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE AN D IN LAW, THE LD. CIT(A) ERRED IN DIRECTING THE AO TO GRANT THE INTER EST U/S. 244A OF THE ACT ON THE EXCESS TAX PAID ON SELF-ASSESSMENT W ITHOUT APPRECIATING THE FACT THAT AS PER THE PROVISIONS OF SECTION 244A OF THE ACT, THE ASSESSEE IS NOT ENTITLED FOR INTEREST ON EXCESS TAX PAID SELF-ASSESSMENT. 3. A PERUSAL OF THE AFOREMENTIONED GROUND SHOWS THAT THE QUANTUM INVOLVED IN THE APPEAL IS RS. 5,93,822/- ON WHICH T HE TAX EFFECT IS LESS THAN RS. 10 LACS. THEREFORE, THIS APPEAL BY THE REV ENUE IS HIT BY THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 BY WH ICH THE CBDT HAS FIXED THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE APPELLATE TRIBUNAL HAVING TAX EFFECT OF MORE THAN RS. 10 LACS . 4. HOWEVER, IN CASE THERE IS ANY ERROR IN COMPUTATION OF THE TAX EFFECT INVOLVED OR FOR ANY REASON, THE AFORESAID CBDT CIRC ULAR IS FOUND TO BE NOT APPLICABLE, IT WOULD BE OPEN TO THE REVENUE TO SEEK REVIVAL OF APPEAL. 5. IN THE LIGHT OF THE AFOREMENTIONED CBDT CIRCULAR, T HIS APPEAL BY THE REVENUE IS DISMISSED WITHOUT EXPRESSING ANY OPINION ON MERITS. ORDER PRONOUNCED IN OPEN COURT ON 30/03/2017 SD/- SD/- (PRADIP KUMAR KEDIA) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: 30/03/2017 PRITI YADAV, SR. PS ITA NO.71/A HD/2014 . A.Y. 2009-1 0 3 COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) I, BARODA. 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,RAJKOT TRUE COPY 1 .DATE OF DICTATION 29/03/2017 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE OT HER MEMBER 29/03/2017 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT . 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S . 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER