The ITO, Ward-1(2)(6), Surat V. Shri Arvindkumar N. Jain, Surat

ITA 718/AHD/2016

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 2196 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 23-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIL DHAKA
• Assessee Lawyers: RAMESH KUMAR MAPLPANI
• Keywords: Audit objection; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . / ITA NO.718/AHD/2016/SRT & C.O. NO.62/AHD/2016/SRT / ASSESSMENT YEAR: 2010-11 INCOME TAX OFFICER, WARD-1(2)(6), SURAT. VS. SHRI ARVINDKUMAR N. JAIN, PROP. OF M/S. MADHUR TEXTILES, E-3638, LIFT NO.5, RAGHUKUL TEXTILE MARKET, RING ROAD, SURAT 395 002. [PAN: AAWPJ 4361P] ( / APPELLANT) ( !' /RESPONDENT/CROSS OBJECTOR) / ASSESSEE BY : SHRI RAMESH KUMAR MAPLPANI, CA /REVENUE BY : SHRI ANIL DHAKA, SR. D.R /DATE OF HEARING : 18-09-2018 /DATE OF PRONOUNCEMENT : 19-09-2018 / ORDER PER C.M.GARG, JUDICIAL MEMBER: THIS APPEAL HAS BEEN FILED BY THE REVENUE AND THE C ROSS OBJECTION (CO) FILED BY THE ASSESSEE AGAINST THE ORDER OF COM MISSIONER OF INCOME TAX (APPEALS)-3, SURAT (CIT(A) FOR SHORT) DATED 29.01 .2016 FOR THE ASSESSMENT YEAR (A.Y) 2010-11. 2 ITA NO.718/AHD/2016/SRT & C.O NO.62/AHD/2016/SRT (A .Y: 2010-11) SHRI ARVINDKUMAR N. JAIN 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E (DR) AND PERUSED THE MATERIAL AVAILABLE ON RECORD AND FIND THAT TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS. 20 LAKHS. THE LD. DR ALSO DID NOT DISP UTE THIS FACT. WE FIND THAT THE CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 [F.NO.279/MISC.142/2007-ITJ (PT)] HAS REVISED THE M ONETARY LIMIT FOR FILING OF APPEAL BEFORE TRIBUNAL FIXING THE TAX EFFECT LIMIT AT RS.20 LACS. THE SAID CIRCULAR SUPERSEDES THE EARLIER CIRCULAR(S) ISSUED ON THE SUBJECT OF TAX EFFECT AND APPLIES TO ALL PENDING APPEAL RETROSPECTIVELY. THE BOARD HAS PROVIDED EXCEPTIONS PROVIDED UNDER PARA 10 OF THE CIRCULAR W HEREIN IT HAS BEEN PROVIDED THAT THE ISSUES RELATED IS TO BE CONTESTED (A) WHERE THE CONSTITUTION VALIDITY OF THE PROVISION OF THE ACT OR (B) RULE IS UNDER CHALLENGE OR (C) WHERE BOARD`S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULA R HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR WHERE REVENUE AUDIT OBJECTIONS H AS BEEN ACCEPTED BY THE DEPARTMENT OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. 3. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITH IN THE EXCEPTIONS CLAUSE AND THE TAX DEMAND IS LESS THAN RS.20 LACS. THEREFO RE, THE PRESENT APPEAL IS NOT MAINTAINABLE AS PER RECENT CIRCULAR (SUPRA) AND HENCE THE SAME IS DISMISSED. HOWEVER, WE MAY MAKE IT CLEAR THAT THE R EVENUE IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING THIS ORDER, IF IT COMES TO THE NOTICE OF THE ASSESSING OFFICER THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED UNDER CIRCULAR OR REVENUE`S CASE FALLS WITHIN THE A MBIT OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR. 3 ITA NO.718/AHD/2016/SRT & C.O NO.62/AHD/2016/SRT (A .Y: 2010-11) SHRI ARVINDKUMAR N. JAIN ASSESSEES CROSS OBJECTION IN C.O NO.62/AHD/2016/SR T: 3. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PRESS THE CROSS OBJECTION, THEREFORE, THE S AME IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE A ND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 1 9 TH SEPTEMBER, 2018. / SURAT ; DATED : 19 TH SEPTEMBER, 2018 / EDN ! $ / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. # ( ) / THE CONCERNED CIT; 4. THE CONCERNED PRL. CIT; 5. , , / DR, ITAT, SURAT; 6. / GUARD FILE. / BY ORDER, // TRUE COPY // ) / ASSISTANT REGISTRAR , / ITAT, SURAT SD/ - SD/ - ( ) ( O.P.MEENA ) / ACCOUNTANT MEMBER ( ) (C.M.GARG) /JUDICIAL MEMBER