The ACIT, Circle-1, Bhavnagar V. Smt. Trupti Mehta, Bhavnagar

ITSSA 242/AHD/2015

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 1471 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 26 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 01-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 16-12-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 05-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DILEEP KUMAR SRDR
• Assessee Lawyers: IRA R KAPOOR
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER IT(SS)A NO. 242/AHD/2015 / ASSESSMENT YEAR: 2009-10 ACIT, CIRCLE-1, BHAVNAGAR .. APPELLANT VS SMT. TRUPTI MEHTA, PLOT NO.1563/A, ASHIRWAD, RUPANI SARDARNAGAR ROAD, BHAVNAGAR .. RESPONDENT PAN : AIVPM 0988 M REVENUE BY : DILEEP KUMAR, SR-DR ASSESSEE(S) BY : IRA R. KAPOOR, CA / DATE OF HEARING 16 /12/2015 /DATE OF PRONOUNCEMENT 01 / 01 /201 6 / O R D E R THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE OR DER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-6, AHM EDABAD DATED 31.08.2015 FOR ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE CO NTENDED THAT AS PER THE RECENT CENTRAL BOARD OF DIRECT TAXES CIRC ULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10 TH DECEMBER 2015, THE REVISED LIMIT FOR PREFERRING REVENUE'S APPE ALS BEFORE ITAT IS RS.10,00,000/-. THE LEARNED COUNSEL FOR THE ASSE SSEE POINTED OUT THAT THE TAX EFFECT IN THE PRESENT REVENUE'S APPEAL IS R S.5,26,844/- WHICH IS BELOW THE PRESCRIBED LIMIT OF RS.10,00,000 /-; THEREFORE, THE REVENUE'S APPEAL MAY BE DISMISSED AS THE TAX EFFECT BE ING BELOW THE PRESCRIBED LIMIT. 3. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT CONTROVE RT THE AFORESAID SUBMISSIONS OF THE LD. COUNSEL FOR THE ASS ESSEE. IT(SS)A NO. 242 /AHD/2015 ACIT VS. SMT. TRUPTI MEHTA AY 2009-2010 2 4. I HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERIA L PLACED BEFORE ME. I FIND THAT PRIMA-FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10 TH DECEMBER 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIRTU E OF THE COMMISSIONER OF INCOME-TAX (APPEALS)S ORDER IS BELO W RS.10,00,000/-, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PRO VIDED THAT THESE INSTRUCTIONS WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SO ME AUDIT OBJECTIONS OR THE ADDITION RELATES TO UNDISCLOSED FOREI GN ASSETS/BANK ACCOUNTS, ETC. I FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LESS THAN RS.10,00,000/ -. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND H ENCE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DI SMISSED IN LIMINE . ORDER PRONOUNCED IN THE COURT ON 1ST JANUARY, 2016 AT AHMEDABAD. SD/- ( SHAILENDRA KUMAR YADAV ) JUDICIAL MEMBER AHMEDABAD; DATED 01/01/2016 BIJU T., PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! ' ' # / CONCERNED CIT 4. ' ' # ( ) / THE CIT(A) 5. &'( ! , ' ! , / DR, ITAT, AHMEDABAD 6. (- . / GUARD FILE. / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) !, / ITAT, AHMEDABAD