Dy.Commissioner of Income Tax Circle-1(2), Baroda V. M/s. Kaizenwitchgear Products, Baroda

ITSSA 116/AHD/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2009 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 5 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 06-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2004-2005
• Appeal Filed On: 01-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: O P SHARMA
• Keywords: Tax effect
• Section: 143(3); 153A; 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER SL. NOS. IT(SS)A NO(S) ASSTT. YEAR(S) APPEAL(S) BY APPELLANT VS. RESPONDENT APPELLANT RESPONDENT 1. 116/AHD/2016 2004-05 DY. CIT, CIRCLE 1(2), AHMEDABAD. M/S. KAIZENWITCHGEAR PRODUCTS, 866/1 GIDC INDUSTRIAL ESTATE, MAKARPURA, BARODA 390 010. 2. 117/AHD/2016 2005-06 --DO-- --DO-- 3. 118/AHD/2016 2006-07 --DO-- --DO-- 4. 119/AHD/2016 2007-08 --DO-- --DO-- APPELLANT BY : SMT. O. P. SHARMA , CIT - D.R. RESPONDENT BY : MS. URVASHI SODHAN, A.R. DATE OF HEARING 19.08.2019 DATE OF PRONOUNCEMENT 06 . 0 9. 201 9 O R D E R PER BENCH: ALL THE FOUR APPEALS FILED BY THE REVENUE ARE DIREC TED AGAINST THE SAME ORDER DATED 20.11.2015 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 12, AHMEDABAD ARISING OUT OF THE SAME ORDER DATED 30.12.2011 PASS ED BY THE ACIT, CENTRAL CIRCLE 1, BARODA UNDER SECTION 153A R.W.S. 143(3) OF THE INCO ME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT) FOR THE ASSESSMENT YEARS (A.YS.) 2004-05, 2005-06, 2006-07 & 2007-08. SINCE ALL THE APPEALS RELATE TO THE SAME ASSESSEE, THE SAME ARE HEARD ANALOGOUSLY AND ARE BEING DISPOSED OF BY A COMMON ORDER. - 2 - IT(SS)A NO.116, 117, 118 & 119/AHD/20 16 DCIT VS. M/S KAIZAN SWITCHGEAR PRODUCTS, ASST.YEAR 2004-05, 2005-06, 2006-07 & 2007-08 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT APPEALS FILED BY THE REVENUE ARE HIT BY RECENTLY ISSUED CBD T CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHOLDS PERTAIN ING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 2 79/MISC/M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DA TED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE T O ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTIONS, ALL PEND ING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATIO N WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASES, THE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE ARE STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE APPEALS OF THE REVENUE AR E REQUIRED TO BE DISMISSED IN LIMINE. 3. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APPEALS OF TH E REVENUE ARE DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVE NUE TO SEEK RESTORATION OF ITS APPEALS ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CI RCULAR IN ANY MANNER. 4. IN THE RESULT, ALL THE APPEALS OF THE REVENUE AR E DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 06/09/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 06/09/2019 PRITI YADAV, SR.PS - 3 - IT(SS)A NO.116, 117, 118 & 119/AHD/20 16 DCIT VS. M/S KAIZAN SWITCHGEAR PRODUCTS, ASST.YEAR 2004-05, 2005-06, 2006-07 & 2007-08 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ) ( / THE CIT(A)-12, AHMEDABAD. 5. , '#$$ / DR, ITAT, AHMEDABAD 6. %& '( / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) !'# / ITAT, AHMEDABAD 1. DATE OF DICTATION 04.09.2019. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 05.09.2019 3. OTHER MEMBER. 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S .. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER