The ITO, Ward-2(2)(5), Ahmedabad V. Shri Satish M Patel, Ahmedabad

ITA 948/AHD/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4478 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 29-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3); 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (VIRTUAL COURT) BEFORE: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER ITO, WARD-2(2)(5), AHMEDAAD PAN: ABMPB7145E (APPELLANT) VS SHRI SATISH M. PATEL, 4/B, PARADISE PARK SOCIETY, OPP. SHANTINAGAR, ASHARAM ROAD, VADAJ, AHMEDABAD- 380013 PAN: ABBPP0940J (RESPONDENT) REVENUE BY: SHRI VIDHYUT TRIVEDI, SR. D.R. ASSESSEE BY: NONE DATE OF HEARING : 12-10-2020 DATE OF PRONOUNCEMENT : 12-10-202 0 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- THIS REVENUES APPEAL FOR A.Y. 2014-15, ARISES FROM ORDER OF THE CIT(A)- 10, AHMEDABAD DATED 27-03-2019, IN PROCEEDINGS UND ER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. AS THIS APPEAL IS FILED BY REVENUE, HOWEVER, THE ASSESSEE HAS REQUESTED FOR CONSIDERATION UNDER VIVAD SE VISHWAS SCHEME, 2020. AFTER GOING THROUGH THE MATERIAL PLACED ON RECORD, IT IS NOTICED THAT THIS APPEAL IS COVERED UNDER LOW TAX EFFECT SO THE SAME IS ADJUDICATED AS UNDER. ITA NO. 948/AHD/2019 ASSESSMENT YEAR 2014-15 I.T.A NO. 948/AHD/2019 A.Y. 2014-15 PAGE NO ITO VS. SHRI SATISH M. PATEL 2 3. WE FIND THAT THE APPEAL OF THE REVENUE IS PRESENTED ON 29.5.2019. ON 8.8.2019 THE CBDT HAS ISSUED INSTRUCTIONS BEARING N O. 17 OF 2019 PROHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL T O THE TRIBUNAL AGAINST THE ORDER OF THE CIT(A) WHERE THE TAX EFFECT BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.50 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, TAX EFFECT ON THE TOTAL INCOME ASSESSED MINUS THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUCH TO TAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUE AGAINS T WHICH APPEAL IS FILED, IS LESS THAN RS.50 LAKHS. FURTHER, THE CASE OF THE REVENUE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR. THUS, KEEPING IN VIEW THE ABOVE CBDT CIRCULAR AND PROVISIONS OF SECTION 268A OF THE INCO ME TAX ACT, WE ARE OF THE VIEW THAT THE PRESENT APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. IT IS ACCORDINGLY DISMISSED. HOWEVER, IT IS OBSERVED THAT IN CASE ON RE-VERIFICA TION AT THE END OF THE AO IT COMES TO THE NOTICE THAT THE TAX EFFECT IS MORE OR REVENUES CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN THE TIME PERIOD PRESCRIBED IN THE ACT. IN V IEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED DUE TO LOW TAX EFFECT. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12-10-2020 SD/- SD/- (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER A CCOUNTANT MEMBER AHMEDABAD : DATED 12/10/2020 I.T.A NO. 948/AHD/2019 A.Y. 2014-15 PAGE NO ITO VS. SHRI SATISH M. PATEL 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,