The ITO, Ward-1(1), Ahmedabad V. Aflon Engineering Pvt.Ltd., Ahmedabad

ITA 977/AHD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 9045 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-03-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 07-04-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 271(1)(c); 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA NO. 977/AHD/2014 WITH C.O . NO.156/AHD/2014) (ASSESSMENT YEAR:2008-09) ITO, WARD 1(1), AHMEDABAD A PPELLANT VS. AFLON ENGINEERING PVT. LTD., CITY MALL COMPOUND, KANKARIA ROAD, KANKARIA, AHMEDABAD RESPONDENT/CROSS OBJECTOR PAN: AABCA9993J /BY REVENUE : SHRI JAMES KURIAN, SR. D.R. /BY ASSESSEE : MS. KINJAL SHAH, A.R. /DATE OF HEARING : 06.03.2017 /DATE OF PRONOUNCEMENT : 06.03.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL AND ASSESSEES CROSS OBJECTIO N THERETO ARISE FROM THE CIT(A)-II, AHMEDABADS ORDER DATED 26.02.2 014, PASSED IN APPEAL NO. CIT(A)-II/WD. 1[1]/343/2013-14, IN PROCEEDINGS UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. THE REVENUES SUBSTANTIVE GROUND PLEADED IN THE INSTANT APPEAL CHALLENGES THE CIT(A)S ORDER INTER ALIA DELETING T HE PENALTY AMOUNT OF RS.5,89,450/- LEVIED U/S. 271(1)(C) OF THE ACT. TH ERE IS NO DISPUTE THAT THE NET ITA NO. 977 WITH C.O. NO.156/AHD/2014 (ITO VS. AF LON ENGINEERING P. LTD.) A.Y. 2008-09 - 2 - 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DATED 10.12.2015 CLEARLY ENVISAGING THE REIN THAT DEPARTMENTS PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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 TAK E INTO CONSIDERATION THE ABOVE STATED BOARDS CIRCULAR AND DISMISS THE INSTA NT APPEAL ACCORDINGLY. 4. ASSESSEE'S CO NO. 156/AHD/2014 SUPPORTING THE L OWER APPELLATE FINDINGS HAS BEEN RENDERED INFRUCTUOUS. 5. THIS REVENUES APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT AND ASSESSEES CROSS OBJECTION IS DISMISSED AS HAVING B ECOME INFRUCTUOUS. [PRONOUNCED IN THE OPEN COURT ON THIS THE 06 TH DAY OF MARCH, 2017.] SD/- SD/- ( PRADIP KUMAR KEDIA ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 06/03/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 45 / GUARD FILE. BY ORDER / . // . /0