ACIT, Central Circle-1(4), Ahmedabad V. M/s. Shoppers Buildcon Pvt. Ltd, Ahmedabad

ITSSA 304/AHD/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8586 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 20-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 31-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B A N D I S O P K
• Keywords: Tax effect; Set aside
• Section: 143(3)

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ./I.T.(SS)A. NO. 304/AHD/2018 ( / ASSESSMENT YEAR: 2015-16) ACIT CENTRAL CIRCLE-1(4), AHMEDABAD / VS. M/S. SHOPPERS BUILDCON PVT. LTD. 113, FATEHBHAI NI HAVELI, RATANPOLE, AHMEDABAD-380001 ./ ./PAN/GIR NO. : AAK CS3 355 D ( /APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI ALOK SINGH, CIT DR / RESPONDENT BY: SHRI BANDISH SOPARKAR, AR !' /DATE OF HEARING 19/12/2019 #$!' / DATE OF PRONOUNCEMENT 20/01/2020 %& /O R D E R PER MS. MADHUMITA ROY - JM: THE APPEAL FILED BY THE REVENUE FOR A.Y. 2015-16, ARISE FROM ORDER OF THE CIT(A)-11, AHMEDABAD DATED 20.08.2018, IN PROCE EDINGS UNDER SECTION 143(3) R.W.S. 153A(1)(B) OF THE INCOME TAX ACT, 196 1; IN SHORT THE ACT. 2. THE GROUND OF APPEAL RAISED BY THE REVENUE READS AS UNDER:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS AND RESTRI CTED THE ADDITION TO RS. 29,23,000/- (20% OF RS. 1,46,15,000/-) AND GRAN TED RELIEF TO THE TUNE OF RS. 1,16,92,000/-. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE AO . IT(SS)A NO. 304/AHD/2018 [ACIT VS. M/S. SHOPPERS BUILDCON PVT. LTD.] A.Y. 2015-16 2 3. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE L D. CIT(A) BE SET SET ASIDE AND THAT OF THE A.O. BE RESTORED TO THE ABOVE EXTENT. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT APPEAL FILED BY THE REVENUE IS HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISI NG THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. AS PER AFORESAID CIRCULAR, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHER E THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFEC T ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EX CEEDING RS.50 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIR ED 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, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINA BLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCU LAR IN ANY MANNER. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SD/- SD/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICI AL MEMBER AHMEDABAD: DATED 20/01/2020 TANMAY, SR. PS TRUE COPY TRUE TRUE COPY THIS ORDER PRONOUNCED IN OPEN COURT ON 20/01/2020 IT(SS)A NO. 304/AHD/2018 [ACIT VS. M/S. SHOPPERS BUILDCON PVT. LTD.] A.Y. 2015-16 3 / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. % / ASSESSEE 3. '( ! )! / CONCERNED CIT 4. )! - / CIT (A) 5. *+, ! ( , ' ( , -.%'% / DR, ITAT, AHMEDABAD 6. ,/ 0 / GUARD FILE. BY ORDER / %& , 1 / - ' ( , -.%'% 2 1.DATE OF DICTATION ON 19.12.2019 (LOW TAX EFFECT FORMAT) 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 19.12.2019 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. .12.2019 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT .12.2019 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S .12.2019 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 20.01.2020 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER