The ACIT,A'bad, Circle-3, Ahmedabad V. Anagram Capital Ltd., Ahmedabad

ITA 824/AHD/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9797 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 05-01-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 15-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SONIA KUMAR
• Assessee Lawyers: IRA R KAPOOR
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE S/SHRI RAJPAL YADAV, JM, & MANISH BORAD, AM ./ITA.NO.824/AHD/2011 ( / ASSTT YEAR : 2005-06) ACIT, AHMEDABAD CIRCLE-3, AHMEDABAD VS. ANAGRAM CAPITAL LTD. (FORMERLY KNOWN AS ANAGRAM SECURITIES LTD.) ANAGRAM HOUSE, DARSHAN SOCIETY NR. HL COMMERCE SIX ROADS, NAVRANGPURA, AHMEDABAD. PAN : AABCA2916K (APPELLANT) (RESPONDENT) / APPELLANT BY: SMT. SONIA KUMAR, SR.DR / RESPONDENT BY: MS. IRA R. KAPOOR, AR / DATE OF HEARING 05/01/2016 /DATE OF PRONOUNCEMENT 8-01-2016 / O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER THE REVENUE IS IN APPEAL BEFORE US AGAINST THE OR DER OF LD. COMMISSIONER INCOME-TAX (APPEALS)-XVI, AHMEDABAD DA TED 25/01/2011 IN APPEAL NO.CIT(A)-XVI/ADDL.CITR.3/106/ 10-11, PASSED FOR THE ASSTT.YEAR 2005-06 AGAINST ORDER U/S 271(1) (C) OF THE I.T. ACT, 1961 (IN SHORT THE ACT) ON 29.03.2010 BY ACIT, CIRC LE-3, AHMEDABAD. IT(SS)A.NO.109/AHD/2012 - 2 2. THE GRIEVANCE OF THE REVENUE IS THAT THE LD.CIT( A) HAS ERRED IN DELETING THE PENALTY OF RS.7,71,458/- LEVIED U/S 27 1(1)(C) OF THE ACT ON ACCOUNT OF DISALLOWANCE OF EXCESS CLAIM OF DEPRECIA TION ON VSAT EQUIPMENT. 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. AFTER GOING THROUGH THE RECORD, WE FIND THA T THIS APPEAL WAS PRESENTED ON 15.03.2011. ON 10.12.2015 THE CBDT HA S ISSUED INSTRUCTIONS BEARING NO. 21/2015 PROHIBITING ITS SU BORDINATE AUTHORITIES FROM FILING OF THE APPEAL TO THE TRIBUNAL AGAINST T HE ORDER OF THE CIT(A) WHERE THE TAX EFFECT BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.10 LAKHS. THE INSTRUCTIONS HAVE BEEN MADE APPLICABLE WITH RETROSPECTIVE EFFECT, MEANING THEREBY, THESE INSTRU CTIONS ARE APPLICABLE ON PENDING APPEALS ALSO. IN THE PRESENT CASE, THE ASS ESSED INCOME OF THE ASSESSEE IS OF RS.6,51,38,034/-. THE PENALTY DELET ED BY THE CIT(A) IS RS. 7,71,458/-. THE TAX EFFECT ON DELETION OF THIS TOTA L PENALTY WOULD BE LESS THAN RS.10 LAKHS. THE PRESENT APPEAL DESERVES TO B E DISMISSED BEING TREATED TO BE FILED IN VIOLATION OF CBDT INSTRUCTIO NS. THE CASE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INSTRUCTIONS. IT IS FURTHER OBSERVED THAT SINCE, WHILE HEARING THE APPE AL, SUCH FACTORS WERE IT(SS)A.NO.109/AHD/2012 - 3 NOT CONSIDERED, THEREFORE, IN CASE, ON RE-VERIFICAT ION AT THE END OF THE AO, IT CAME TO THE NOTICE THAT THE TAX EFFECT IS MORE O R IT FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INSTRUCTION, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN FOUR YEARS OF THIS ORDER. I N VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE COURT ON 8 TH JANUARY, 2016 AT AHMEDABAD. (RAJPAL YADAV) JUDICIAL MEMBER (MANISH BORAD) ACCOUNTANT MEMBER AHMEDABAD; DATED, 8/01/2016 ! '!/ COPY OF THE ORDER FORWARDED TO : 1. $% / THE APPELLANT 2. &$% / THE RESPONDENT. 3. '(( ) * / CONCERNED CIT 4. ) * ( ) / THE CIT(A)- 5. !-. , ,012 /DR,ITAT, RAJKOT 6. .3 45 / GUARD FILE. ) ' / BY ORDER, ' (0 (ASSTT.REGISTRAR) IT(SS)A.NO.109/AHD/2012 - 4 ITAT, AHMEDABAD 1. DATE OF DICTATION .. : 6/1/2016 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER : 7/1/2016 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8/1/2016 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER