The Dy. CIT, Central Circle-2(2), Ahmedabad V. Shri Paresh Sompura, Ahmedabad

ITSSA 224/AHD/2014

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2513 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 25-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 25-10-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 13-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K DEV
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ./ IT(SS)A NO.224/AHD/2014 WITH CO NO.222/AHD/2014 / ASSTT. YEAR: 2010-2011 DCIT, CENT.CIR.2(2) AHMEDABAD. VS SHRI PARESH SOMPURA 23, TARUNSHAKTI SOCIETY NR. ALKAPURI, GHATLODIA AHMEDABAD. PAN : ADLPS 0314 F / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI PARIN SHAH, AR REVENUE BY : SHRI S.K. DEV, SR.DR ! / DATE OF HEARING : 24/10/2016 '#$ ! / DATE OF PRONOUNCEMENT: 25/10/2016 %& / O R D E R PER SHRI S.S.GODARA, JUDICIAL MEMBER: THIS IS REVENUES APPEAL AND ASSESSEES CROSS-OBJE CTION FOR ASSTT.YEAR 2010-11 ARISE AGAINST CIT(A)-III, AHMEDA BAD DATED 27.2.2014 DELETING PENALTY OF RS.7,08,746/- IN PROC EEDINGS UNDER SECTION 271AAA OF THE INCOME TAX ACT, 1961. 3. AT THE OUTSET LD.COUNSEL FOR THE ASSESSEE SUBMIT S THAT APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF LATEST C BDT INSTRUCTION NO.21 OF 2015 DATED 10.12.2015 WHEREBY THE BOARD HA S RESTRICTED DEPARTMENT NOT TO FILE APPEAL BEFORE THE TRIBUNAL W HERE TAX EFFECT IS IT(SS)A NO224/AHD/2014 WITH CO 2 BELOW RS.10 LAKHS. HE FURTHER SUBMITS THAT THIS IN STRUCTION IS RETROSPECTIVE IN NATURE, THEREFORE APPLICABLE TO AL L CASES PENDING BEFORE THE TRIBUNAL ALSO. THE LD.DR HOWEVER DID NOT CONTE ST THIS SUBMISSION OF THE LD.COUSNEL FOR THE ASSESSEE AND/OR APPLICABILIT Y OR OTHERWISE MERIT OF THE CBDT CIRCULAR CITED SUPRA. 4. AFTER GOING THROUGH RECORD WE FIND THAT REVENUE HAS FILED APPEAL BEFORE THE TRIBUNAL ON 13.5.2014. AS PER THE LATEST CBDT CIRCULAR NO.21/2015 DATED 10.12.2015 PROHIBITS FILING OF APP EAL BEFORE THE TRIBUNAL WHERE TAX EFFECT IS BELOW RS.10 LAKHS. FUR THER, THE ABOVE CIRCULAR HAS RETROSPECTIVE EFFECT AND THEREFORE APP EALS OF THE REVENUE PENDING AS ON THE DATE AND FALLING WITHIN THE MONET ARY LIMIT ARE ALSO COVERED BY THE CIRCULAR AND THEREFORE PRESENT APPEA L IS NOT MAINTAINABLE. 5. THE ASSESSEE DOES NOT PRESS FOR ITS CROSS-OBJECT ION. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D HAVING LOW TAX EFFECT. ASSESSEES CROSS OBJECTION IS DISMISSED, A S NOT PRESSED. ORDER PRONOUNCED IN THE COURT ON 25 TH OCTOBER, 2016 AT AHMEDABAD. SD/- SD/- (AMARJIT SINGH) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER AHMEDABAD; DATED 25/10/2016