ITO, Vapi V. Ashwinsinh Mohansinh Parmar-HUF, SILVASSA

ITA 769/AHD/2015

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 2007 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 06-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

PAGE 1 OF 2 , , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT . . , . . , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . . ./ I.T.A NO. 769/AHD/2015 / ASSESSMENT YEAR:2004-05 INCOME TAX OFFICER, SILVASA WARD SILVASA V S . SHRI ASHWINSINGH MOHANSINGH PARMR HUF BHUMIKA CITY CENTER OPP. WOODLAND HOTEL SILVASA PAN: AAGHP 3402 H APPELLANT /RESPONDENT /ASSESSEE BY SHRI DILIP KUMAR, SR. D.R. /REVENUE BY SHRI HIREN R. VEPARI, CA / DATE OF HEARING: 12.10.2018 /PRONOUNCEMENT ON : 15.10.2018 /O R D E R PER O. P. MEENA, ACCOUTANT MEMBER: 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-VALSAD, DATED 30.01.2015 PERTAINING TO ASSESSMENT YEAR 2004-05. 2. WE HAVE HEARD THE PARTIES 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 DISPUTE 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 MONETARY 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 PAGE 2 OF 2 PENDING APPEAL RETROSPECTIVELY. THE BOARD HAS PROVIDED EXCEPTIONS PROVIDED UNDER PARA 10 OF THE CIRCULAR WHEREIN IT HAS BEEN PROVIDED THAT THE ISSUES RELATED IS TO BE CONTESTED (A) WHERE THE CONSTITUTION VALIDITY OF THE PROVISION OF THE ACT OR RULE IS UNDER CHALLENGE OR (B) WHERE BOARD`S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR (C) WHERE REVENUE AUDIT OBJECTIONS HAS BEEN ACCEPTED BY THE DEPARTMENT OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. AND BY AMENDMENT DTD. 20.08.2018 FOLLOWING CLAUSES ADDED OR (E) WHERE ADDITION IS BASED ON INFORMATION FROM EXTERNAL SOURCES LIKE-CBI/ED/DRI/SFIO/GST-DGGI OR (F) WHERE PROSECUTION FILED BY DEPARTMENT IS PENDING IN COURT. 3. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXCEPTIONS CLAUSE AND THE TAX DEMAND IS LESS THAN RS.20 LACS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AS PER RECENT CIRCULAR (SUPRA) AND HENCE DISMISSED. HOWEVER, WE MAY MAKE IT CLEAR THAT THE REVENUE IS AT LIBERTY TO APPROACH TO THIS TRIBUNAL FOR RECALLING THIS ORDER, IF IT IS COMES TO THE NOTICE OF THE AO THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PROVIDED UNDER CIRCULAR OR REVENUE`S CASE IS FALL WITHIN AMBIT OF THE EXCEPTIONS PROVIDED IN THE SAID CIRCULAR. 2. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. 3. THE ORDER PRONOUNCED IN THE OPEN COURT ON 15.10.2018. SD/- SD/- ( . . ) /(C.M. GARG) ( . . ) /(O.P.MEENA) /JUDICIAL MEMBER /ACCOUNTANT MEMBER / SURAT: / DATED : 15 OCTOBER , 2018 COPY OF ORDER FORWARDED TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/ GUARD FILE OF TRIBUNAL. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT