The ITO, Ward-3(2), Ahmedabad V. Jayantilal Pravinkumar & Co., Ahmedabad

ITSSA 365/AHD/2012

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 1436 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 20-01-2016
• Assessment Year: misc
• Appeal Filed On: 03-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SONIA KUMAR
• Assessee Lawyers: R K JINDAL
• Keywords: Audit objection; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER (SS) ./ IT(SS)A NO. 365/AHD/2012 BLOCK PERIOD : 1.4.1995 TO 17.07.2001 INCOME TAX OFFICER WARD-3(2) AHMEDABAD VS M/S.JAYANTILAL PRAVINKUMAR & CO. 467 KANDOI NI KHADKI SANKDI SHERI, MANEKCHOWK, AHMEDABAD PAN: AACFJ 8358 H / (APPELLANT) / (RESPONDENT) REVENUE BY : SMT. SONIA KUMAR, SR.DR ASSESSEE BY : SHRI R.K. JINDAL, AR / DATE OF HEARING : 20/01/2016 / DATE OF PRONOUNCEMENT: 22/01/2016 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-I, AHMEDABAD DATED 25.05.2012 FOR THE BLOCK PERIOD 1.4 .95 TO 17.7.2001, DELETING THE PENALTY LEVIED U/S.158BFA(2 ) OF RS.9,58,085/- MADE BY THE ASSESSING OFFICER. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSE SSEE CONTENDED THAT AS PER CENTRAL BOARD OF DIRECT TAXES CIRCULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10TH DECEMBER 2015, THE REVISED LIMIT FOR PREFERRING REVENUE'S APPEALS IS R S. 10 LACS. HE SUBMITTED THAT THE TAX EFFECT IN THE PRESENT REVENU E'S APPEAL IS RS.9,58,085/- WHICH IS BELOW THE PRESCRIBED LIMIT O F RS. 10 LACS. HE HAS IT(SS)A NO.365/AHD/2012 ITO VS. M/S.JAYANTILAL PRAVINKUMAR & CO. BLOCK PERIOD : 01.04.1995 TO 17.07.2001 2 ALSO SUBMITTED A WORKING OF THE TAX EFFECT. HE, T HEREFORE, PLEADED THAT IN VIEW OF THE CBDT CIRCULAR, THE REVENUE'S APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRESCRIBED LIMIT. 3. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT CO NTROVERT THE AFORESAID SUBMISSIONS OF THE LD. COUNSEL FOR THE AS SESSEE. 4. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MAT ERIAL PLACED BEFORE US. WE FIND THAT THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 21/2015 IN F.NO.279/MI SC. 142/2007-ITJ (PT) DATED 10TH DECEMBER 2015, VIDE WHICH IT HAS BE EN PROVIDED THAT IF THE TAX EFFECT BY VIRTUE OF THE COMMISSIONER OF INC OME-TAX (APPEALS)S ORDER IS BELOW RS. 10 LAKHS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL. THE BOARD H AS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREI N IT HAS BEEN PROVIDED THAT THESE INSTRUCTIONS WILL NOT BE APPLIC ABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR AD DITION WAS MADE ON SOME AUDIT OBJECTIONS OR THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLA USE AND THE TAX IS LESS THAN RS. 10 LAKHS. THEREFORE, THE PRESENT APP EAL IS NOT MAINTAINABLE AND HENCE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 22ND JANUARY, 2016 AT AHMEDABAD. SD/- SD/- (ANIL CHATURVEDI) ACCOUNTANT MEMBER (KUL BHARAT) JUDICIAL MEMBER AHMEDABAD; DATED 22/01/2016 !..,.$../ T.C. NAIR, SR. PS IT(SS)A NO.365/AHD/2012 ITO VS. M/S.JAYANTILAL PRAVINKUMAR & CO. BLOCK PERIOD : 01.04.1995 TO 17.07.2001 3 / COPY OF THE ORDER FORWARDED TO : 1. &' / THE APPELLANT 2. ()&' / THE RESPONDENT. 3. ** + / CONCERNED CIT 4. + ( ) / THE CIT(A)-I, AHMEDABAD 5. ./0($$ , , / DR, ITAT, AHMEDABAD 6. 0123 / GUARD FILE. / BY ORDER, ).($ //TRUE COPY// / ( DY./ASSTT.REGISTRAR) # $%&, / ITAT, AHMEDABAD 1. DATE OF DICTATION .. LOW-TAX EFFECT. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER ..21.1.2016 3. OTHER MEMBER... 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.22.1.16 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 22.1.16 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER