The ACIT, Gandhidham Circle, GANDHIDHAM V. M/s Kiran Roadlines, GANDHIDHAM

ITA 873/RJT/2010

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1275 (ITAT-RAJKOT)
• Duration Of Justice: 6 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-05-2016
• Assessment Year: 2000-2001
• Appeal Filed On: 22-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Assessee Lawyers: MJ RANPURA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH E - COURT AT AHMEDABAD] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ./ ITA NO. 873 / RJT /20 1 0 & CO NO. 14 / RJT /201 2 / ASSESSMENT YEAR: 2000 - 01 ACIT, GANDHIDHAM CIRCLE, GANDHIDHAM VS M/S. KIRAN ROADLINES, KIRAN CHAMBERS, PLOT NO. 120, SECTOR NO.2, GANDHIDHAM - KUTCH PAN : AACFK 1870 E / (APPELLANT) / (RESPONDENT & CROSS - OBJECTOR ) REVENUE BY : SHRI C.S. ANJARIA, SR. DR. ASSESSEE(S) BY : SHRI M.J. RANPURA, CA / DATE OF HEARING : 16 / 0 5 /201 6 / DATE OF PRONOUNCEMENT: 17 / 0 5 /201 6 / O R D E R PER KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE REVENUE AND CROSS - OBJECTION THEREOF FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - II , RAJKOT , DATED 29 .0 1 .20 10 FOR ASSESSMENT YEAR 200 0 - 01 . 2. AT THE TIME OF HEARING, IT IS NOTICED THAT THE APPEAL OF THE REVENUE HAS BEEN FILED AGAINST THE DELETION OF ADDITION OF RS.21,06,571/ - ; THEREFORE, THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESSER THAN THE PRESCRIBED LIMIT, IN VIEW OF THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAXES (CBDT) DATED 10.12.2015 (CIRCULAR NO.21 OF 2015), NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF GIVEN BY LD. CIT(A) BEFORE THE ITA NO. 873/RJT/ 2010 & CO NO. 14 /RJT/ 2012 ACIT VS. KIRAN ROADLINES FOR AY 2000 - 01 2 INCOME TAX APPELLATE TRIBUNAL UNLESS THE TAX EFFECT, EXCLUDING INTEREST EXCEEDS RS.10 LACS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS. IN THE PRESENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT THE TAX EFFECT IS LESS THAN RS.10 LACS, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESAID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DEPARTMENT AND THEREFORE THE PRESENT APPEAL I S NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. IN SUCH C IRCUMSTANCES, WE DISMISS THIS APPEAL OF REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CASE. 3. AS THE APPEAL FILED BY THE REVENUE ITSELF IS FOUND TO BE NO N - MAINTAINABLE AND AS THE CROSS - OBJECTION OF THE ASSESSEE ARISES ONLY AS A RESULT OF THIS APPEAL, THE CROSS OBJECTION FILED BY THE ASSESSEE IS ALSO DISMISSED AS INFRUCTUOUS. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CROSS - OBJECTION OF THE ASSESSEE, BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 1 7 T H MAY , 2016 AT AHMEDABAD. SD/ - SD/ - N.K. BILLAIYA (ACCOUNTANT MEMBER) KUL BHARAT ( JUDICIAL MEMBER ) AHMEDABAD; DATED 1 7 / 0 5 /201 6 BIJU T., PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A ) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD