The DCIT, Circle-1(1)(1), Vadodara V. M/s. Alps Liesure Holiday Pvt. Ltd., Vadodara

ITA 988/AHD/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2734 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 29-08-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 24-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI PRAMOD KUMAR, HONBLE VIC E PRESIDENT & MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO. 988/AHD/2017 ( / ASSESSMENT YEAR: 20120-13) DCIT CIR. 1(1)(1), ROOM NO. 102, 1 ST FLOOR, AAYKAR BHAVAN, RACE COURSE CIRCLE, BARODA / VS. M/S. ALPS LIESURE HOLIDAY PVT. LTD. PUSHTI, NR. KIRTI STAMBH, RAJMAHAL ROAD, VADODARA- 390001 ./ ./ PAN/GIR NO. : AAF CA1 549 Q ( APPELLANT /RESPONDENT ) .. ( RESPONDENT /CROSS OBJECTOR ) / APPELLANT BY : SHRI L. P. JAIN, SR. DR. / RESPONDENT BY : IRA KAPOOR, AR / DATE OF HEARING 29/08/2019 !'# / DATE OF PRONOUNCEMENT 29/08/2019 $%/ O R D E R PER PRAMOD KUMAR VICE PRESIDENT: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF IN COME TAX (APPEALS)-1, VADODARA (CIT(A) IN SHORT), DATED 02 .01.2017 ARISING IN THE ASSESSMENT ORDER DATED 27.03.2015 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) IN THE ASSESSMENT YEAR 2012-13. ITA NO.988/AHD/2017[DCIT VS. M/S. ALPS LIESURE HOLIDAY PVT. LTD.] A.Y. 2012-13 - 2 - 2. THE GROUND OF APPEAL RAISED BY THE REVENUE READ S AS UNDER:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LD. CIT(APPEALS) ERRED IN RESTRICTING THE ADDITION MADE ON THE ISSUE OF DEBIT AGAINST DEVELOPMENT CHARGES RS. 75,41,770/-, WHEN T HE ASSESSEE HAS NOT FURNISHED ANY EVIDENCES OF HAVING SHOWN THESE RECEI PTS/INCOME FOR TAX IN EARLIER YEARS. FURTHER THE CONTENTION OF THE ASSES SEE, THAT THE EVIDENCES WERE IMPOUNDED BY INCOME TAX DEPARTMENT, IS ALSO NO T ACCEPTABLE AS COMPLETE LIST WAS PROVIDED TO THE ASSESSEE DURING T HE SURVEY ACTION. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, THE LD. CIT(A) HAS ERRED IN NOT APPRECIATING THAT AMOUNT OF RS. 42,20, 000/- WAS OVER AND ABOVE TOTAL RECEIPTS OF RS. 97,05,243/- SHOWN BY TH E ASSESSEE AND NO DOCUMENTARY EVIDENCES WERE FURNISHED BY THE ASSESSE E FOR THE CLAIM MADE BY IT REGARDING RS. 75,41,770/-. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT APPEAL FILED BY THE REVENUE IS HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISI NG THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 279/MISC/ M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/201 9 DATED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMI TS IS ALSO APPLICABLE TO ALL PENDING APPEALS. AS PER AFORESAI D CIRCULAR READ WITH INSTRUCTIONS, ALL PENDING APPEALS FILED BY REV ENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION W HERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMI T WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE T AX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 4. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINA BLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON ITA NO.988/AHD/2017[DCIT VS. M/S. ALPS LIESURE HOLIDAY PVT. LTD.] A.Y. 2012-13 - 3 - SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCU LAR IN ANY MANNER. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SD/- SD/- (MADHUMITA ROY) (PRAM OD KUMAR) JUDICIAL MEMBER VI CE PRESIDENT AHMEDABAD: DATED 29/08/2019 TANMAY TRUE COPY !' #' / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. $ / ASSESSEE 3. ) *+ , / CONCERNED CIT 4. ,- / CIT (A) 5. 012 33*+, *+#, 56$)$ / DR, ITAT, AHMEDABAD 6. 289 : / GUARD FILE. BY ORDER / $% , ;/ 5 *+#, 56$)$ < 1.DATE OF DICTATION ON 29.08.2019 AS PER LOW TA X EFFECT FORMAT 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 29.08.2019 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 29.08.2019 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 29.08.2019 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 29.08.2019 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 29 .08.2019 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER THIS ORDER PRONOUNCED IN OPEN COURT ON 29/08/2019