The ITO, Ward-1(1)(2), RAJKOT-GUJARAT V. M/s Amrutlal & Sons, RAJKOT-GUJARAT

ITA 93/RJT/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2300 (ITAT-RAJKOT)
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2001-2002
• Appeal Filed On: 18-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Assessee Lawyers: DM RINDANI
• Keywords: Retrospective amendment; Tax effect
• Section: 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: S H RI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER [CONDUCTED THROUGH E - COURT AT AHMEDABAD] ITO, WARD - 1(1)(2), RAJKOT (APPELLANT) VS M/S. AMRUTLAL & SONS, AT. VILL. VAVDI, GONDAL ROAD, RAJKOT PAN: AADFA4313P (RESPONDENT) REVENUE BY : S H RI C.S. ANJARIA , D . R. ASSESSEE BY: S H RI D.M. RINDANI , A.R. DATE OF HEARING : 04 - 12 - 2 015 DATE OF PRONOUNCEMENT : 10 - 02 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THESE THREE REVENUE S APPEALS FOR A.Y. 2000 - 01 , 2001 - 02 & 2002 - 03 AR ISE FROM ORDER OF THE CIT(A) - I, RAJKOT DATED 31 - 12 - 2014 IN APPEAL NO S. CIT(A) - I / 0008, 0009 & 0010/12 - 13 , IN PROCEEDINGS UNDER SECTION 2 71(1 ) (C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO S . 92 TO 94 / RJT /20 1 5 A SSESSMENT YEAR 200 0 - 01,01 - 02 & 2002 - 03 I.T.A NO S . 94 TO 96 /RJT /20 15 A.Y. 2000 - 01 TO 2002 - 03 PAGE NO ITO VS. M/S. AMRUTLAL & SONS 2 2. A COMBINED PERUSAL OF THESE THREE CASE FILES REVEALS THAT THE REVENUE S SOLE SUBSTANTIVE GROUNDS THEREIN CHALLENGES THE CIT(A) S ORDERS DELETING SECTION 271(1)(C) PENALTIES OF RS. 2,54,164/ - , R S. 1,77,832/ - AND RS. 5,67,704/ - ; RESPECTIVELY. THERE CAN HARDLY BE ANY DISPUTE THAT THE NET TAX EFFECT IN EACH CASE COMES T O BE LESS THAN RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/20 15 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THE S E THREE REVENUE S APPEAL S ARE DISMISSED FOR LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OUR T ON 10 - 02 - 201 6 SD/ - SD/ - (PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 1 0 /02 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. I.T.A NO S . 94 TO 96 /RJT /20 15 A.Y. 2000 - 01 TO 2002 - 03 PAGE NO ITO VS. M/S. AMRUTLAL & SONS 3 BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT