The ITO, Ward-6(1), Ahmedabad V. The Bavla Ginning Factory, Ahmedabad

ITA 946/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9260 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 05-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L CHANDEL
• Assessee Lawyers: A C SHAH
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: S H RI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER THE ITO, WARD - 6(1), AHMEDABAD (APPELLANT) VS THE BAVLA GINNING FACTORY, OPP. NAGAR PALIKA STATION ROAD, BAVLA, AHMEDABAD - 382220 PAN:AABFT0721E (RESPONDENT) REVENUE BY : S H RI S.L. CHANDEL , SR. D . R. ASSESSEE BY: S H RI A.C. SHAH , A.R. DATE OF HEARING : 10 - 03 - 2 016 DATE OF PRONOUNCEMENT : 10 - 03 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 2007 - 08 , AR I SES FROM ORDER OF THE CIT(A) - XI, AHMEDABAD DATED 18 - 01 - 2013 IN APPEAL NO. CIT(A) - XI /2 03 / WD - 6(1)/11 - 12 , IN PROCEEDINGS UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 946 / A HD/20 13 A S SESSMENT YEAR 200 7 - 08 I.T.A NO. 946 /AHD/20 13 A.Y. 2007 - 08 PAGE NO ITO VS. THE BAVLA GINNING FACTORY 2 2. THE REVENUE S SOLE SU BSTANTIVE GROUND ON MERITS IS ON THE ISSUE OF WORK IN PROGRESS DISALLOWANCE OF RS. 14,02,840 @ 15% OF RS. 93,52,261/ - . THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 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10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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 B E HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THIS REVENUE S APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 10 - 03 - 201 6 SD/ - SD/ - ( PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 10 /03 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , I.T.A NO. 946 /AHD/20 13 A.Y. 2007 - 08 PAGE NO ITO VS. THE BAVLA GINNING FACTORY 3 / ,