The DCIT, Central Circle-1(3), Ahmedabad V. Shri Sunil Prahladbhai Sewani, Ahmedabad

ITSSA 176/AHD/2015

• Counselvise Citation: [2017] 122 COUNSELVISE.COM (IT) 3523 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 13-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 12-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S N SOPARKAR
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD BEFORE, SHRI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER IT(SS)A NO. 176/AHD/2015 WITH CO NO. 131/AHD/2015 (ASSESSMENT YEAR: 2007-08) DCIT, CENTRAL CIRCLE 1(3), ROOM NO. 304, 3 RD FLOOR, AAYKAR BHAVAN, ASHRAM ROAD, AHMEDABAD APPELLAN T VS. SHRI SUNIL PRAHLADBHAI SEWANI, 45, ASHWAMEGH BUNGALOW-3, NR. SOMESHWAR DERASAR, SATELLITE RING ROAD, AHMEDABAD 380015 RESPONDENT/CROSS OB JECTOR PAN: AFSPS5475C /BY REVENUE : SHRI PRASOON KABRA, SR. D.R. /BY ASSESSEE : SHRI S. N. SOPARKAR, A.R. /DATE OF HEARING : 13.12.2017 /DATE OF PRONOUNCEMENT : 13.12.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL AND ASSESSEES CROSS OBJECTIO N FOR ASSESSMENT YEAR 2007-08 ARISE AGAINST THE CIT(A)-I, AHMEDABADS ORD ER DATED 18.03.2015 IN CASE NO. CIT(A)-I/CC.1(3)/491/2013-14, IN PROCEEDINGS U/ S. 143(3) R.W.S. 153A(1)(B) 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 DELETING THE ADDITION OF RS.15,2 8,679/-. THERE IS NO DISPUTE THAT IT(SS)A NO. 176/AHD/15 WITH 131/AHD/15 [DCIT VS. SH RI SUNIL P. SEWANI] A.Y. 2007-08 - 2 - THE NET TAX EFFECT IN THE INSTANT APPEAL IS LESS TH AN 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 DEPARTMENTS PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE W ITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABO VE STATED BOARDS CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. WE COME TO ASSESSEES CROSS OBJECTION NO.131/AHD/20 15. LD. COUNSEL STATED THAT HE IS NOT PRESSING THE SAME SINCE REVEN UES APPEAL IS BEING DECLINED. 4. THE REVENUES APPEAL IT(SS)A NO.176/AHD/2015 IS DISMISSED AS HAVING LOW TAX EFFECT AND ASSESSEES CROSS OBJECTION I.E. C.O. NO.131/AHD/2015 IS DISMISSED AS NOT PRESSED. [PRONOUNCED IN THE OPEN COURT ON THIS THE 13 TH DAY OF DECEMBER, 2017.] SD/- SD/- ( PRAMOD KUMAR ) (S. S . GODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD: DATED 13/12/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0