The Asstt. Commissioner of Income Tax, Central Circle-2(4), Ahmedabad V. Shri Suresh Ranchhodbhai Patel, Ahmedabad

ITSSA 212/AHD/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9264 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 04-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-10-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 12-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R B TANK
• Keywords: Tax effect
• Section: 143(3); 153A

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER () ./ I.T(SS).A. NOS. 212, 369, 371, 372 & 373/AHD/2017 ( ASSESSMENT YEARS : 2009-10, 2010-11, 2012-13, 2013-14 & 2014-15) ASSISTANT COMMISSIONER OF INCOME TAX / DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(4), AHMEDABAD, 3 RD FLOOR, AAYKAR BHAVAN ANNEXE, ASHRAM ROAD, AHMEDABAD - 380009 / VS. SURESH RANCHHODBHAI PATEL 1, SHAYONA DARSHAN BUNGLOW, OPP. GUJARAT HIGH COURT, S. G. HIGHWAY, AHMEDABAD ./ ./ PAN/GIR NO. : ACTPP1167A ( APPELLANT ) .. RESPONDENT/CROSS OBJECTOR / REVENUE BY : SHRI JITENDER KUMAR, CIT.D.R. / ASSESSEE BY : SHRI R. B. TANK, A.R. DATE OF HEARING 01/10/2019 !'#$ / DATE OF PRONOUNCEMENT 04/10/2019 / O R D E R PER BENCH: THE CAPTIONED APPEALS AT THE INSTANCE OF REVENUE AR ISE FROM THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGAINST RESPECTIVE ASSESSMENT ORDERS FOR DIFFERENT ASSESSMENT YEARS AS TABULATED BELOW: IT(SS)A NOS. 212/AHD/17 & 4 ORS. [ACIT/DCIT VS.SURESH R. PATEL] - 2 - IT(SS)A NOS. NAME OF ASSESSEE AY CIT(A)S ORDER DATED AOS ORDER DATED AOS ORDER UNDER SECTION 212/AHD/17 SURESH RANCHHODBHAI PATEL 2009-10 20.01.2017 14.03.2016 143(3) R.W.S. 153A OF THE INCOME TAX ACT, 1961 (THE ACT) 369/AHD/17 -DO- 2010-11 20.04.2017 -DO- -DO- 371/AHD/17 -DO- 2012-13 -DO- -DO- -DO- 372/AHD/17 -DO- 2013-14 -DO- -DO- -DO- 373/AHD/17 -DO- 2014-15 -DO- 29.03.2016 143(3) R.W.S. 153B(1)(B) OF THE ACT 2. THE CAPTIONED BUNCH OF APPEALS INVOLVES IDENTICA L ISSUE ON SIMILAR FACTS. ACCORDINGLY, ALL THE MATTERS HAVE BEEN HEAR D TOGETHER AND A CONSOLIDATED ORDER BEING PASSED HEREUNDER. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT ALL THE APPEALS FILED BY THE REVENUE ARE 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.17/2019 DATED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE T O ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTION, AL L PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN ALL FIVE CASES, THE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE ALL FIVE APPEALS OF THE REVENUE ARE 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, APP EALS OF THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WIL L BE OPEN TO THE REVENUE IT(SS)A NOS. 212/AHD/17 & 4 ORS. [ACIT/DCIT VS.SURESH R. PATEL] - 3 - TO SEEK RESTORATION OF ITS APPEALS ON SHOWING INAPP LICABILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. 5. IN THE RESULT, ALL THE APPEALS FILED BY THE REVE NUE ARE DISMISSED. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 04/10/2019 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- '. / REVENUE 2. / ASSESSEE ). *+, - / CONCERNED CIT 4. -- / CIT (A) 0. 123 455+,6 +,$6 78* / DR, ITAT, AHMEDABAD 9. 3:; < / GUARD FILE. BY ORDER / 6 /7 +,$6 78* THIS ORDER PRONOUNCED IN OPEN COURT ON 04/10/20 19