DCIT, Central Circle-1(2), Ahmedabad V. M/s. Sarthav Farms & Resorts, Ahmedabad

ITSSA 354/AHD/2018

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3560 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 13-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 12-07-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 29-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHIR KARAN SHAH
• Keywords: Tax effect; Tax effect
• Section: 268A

Judgement Text

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरणआयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठअहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठ ‘C’ अहमदाबाद। अहमदाबाद।अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD (Conducted Through Virtual Court) ] ] BEFORE SMT.ANNAPURNA GUPTA, ACCOUNTANT MEMBER AND SHRI SUCHITRA RAGHUNATH KAMBLE, JUDICIAL MEMBER IT(SS)A No.354/Ahd/2018 With Cross Objection No.151/Ahd/2019 Assessment Year :2014-15 DCIT, Cent.Cir.1(2) Ahmedabad. Vs M/s.Sarthav Farms & Resorts 203-204, Abhishilp Complex Nr.Vishweshwar Mahadev Temple Vastrapur, Ahmedabad 380 015. PAN : ABNFS0815 K अपीलाथ / (Appellant) यथ /(Respondent) Assessee by : Shir Karan Shah, CA Revenue by : Shri A.P. Singh, CIT-DR स ु नवाई क तार ख/Date of Hearing : 13/07/2022 घोषणा क तार ख /Date of Pronouncement: 14/07/2022 आदेश/O R D E R PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER Present appeal has been filed by the Revenue against order passed by the ld.Commissioner of Income-Tax (Appeals)-11, Ahmedabad [hereinafter referred to as “CIT(A)”] dated 26.9.2018 pertaining to the Asst.Year 2014-15 passed under section 250(6) of the Income Tax Act, 1961 ("the Act" for short). Thereafter, the assessee has also filed CO bearing no.151/Ahd/2019 in the Revenue’s appeal supporting the above order passed by the CIT(A) impugned by the Revenue. IT(SS)A No.354/Ahd/2018 with CO 2 2. At the outset, the ld.counsel for the assessee has raised a preliminary objection that the appeal filed by the Revenue is not maintainable because of tax effect involved in this appeal is below Rs.50 lakhs in view of the CBDT circular dated 8.8.2019 prohibiting of the appeal before the Tribunal. On a query by the Bench about the tax effect involved in the present appeal, the Department has filed a letter dated 7.7.2022 wherein tax effect stated to be Rs.40,69,623/-, which is below the threshold limit prescribed by the CBDT for filing appeal by the Revenue before the Tribunal. The contents of the letter read as under: “2. In this connection, the tax calculation in the case of Sarthav Farm & Resorts, for Asst.Year 2014-15 is as under: S.No. PAN Return Income Assessed Income Tax Effect 1 ABNFS0815K NIL 1,19,73,000/- 40,69,623/- 3. Further, the case of the assessee does not fall under any of the except of CBDT Circular NO.03/2018 dated 11.07.2018 or 23/1029 dated 06.09.2019. The report is submitted for your kind perusal and further necessary action. Yours faithfully, Sd/- (Mukesh Solanki) Asstt.Commissioner of Income-tax Central Circle-1(2), Ahmedabad.” In view of the above letter of the Department, the ld.DR has left the issue to the Tribunal to pass appropriate order in the matter. 4. After hearing both the sides and after perusal of the above CBDT Instruction, we are of the view that the present appeal of the Revenue falls within the purview of the CBDT Instruction cited (supra). It is not disputed by the Revenue that tax effect on the disputed addition is less than Rs.50 lakhs, and therefore, keeping in IT(SS)A No.354/Ahd/2018 with CO 3 view the above CBDT circular and provisions of section 268A of the Income Tax Act, we are of the view that the present appeal of the Revenue is not maintainable and to be dismissed accordingly. It is dismissed. 5. So far as cross objection of the assessee is concerned, the same stated to be merely in support of order of the ld.CIT(A), and therefore for want of prosecution, the CO of the assessee also stands dismissed. 6. In the result, appeal of the Revenue is dismissed due to low tax effect and CO of the assessee also dismissed for want of prosecution. Order pronounced in the Court on 14 th July, 2022 at Ahmedabad. Sd/- Sd/- (SUCHITRA R. KAMBLE) JUDICIAL MEMBER (ANNAPURNA GUPTA) ACCOUNTANT MEMBER Ahmedabad, dated 14/07/2022 vk*