The ACIT, Circle-1, Bhavnagar V. Smt. Mitaben V.Parekh L/h of late Vijay M. Parekh, Bhavnagar

ITSSA 431/AHD/2012

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 1469 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 06-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 23-12-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 31-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMITI SAMANT SRDR
• Assessee Lawyers: SIDDHI SHAH
• Keywords: Tax effect
• Section: 154

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER IT(SS)A NO. 429 TO 431/AHD/2012 / ASSESSMENT YEAR: 2001-02 TO 2003-04 ACIT, CIRCLE-1, BHAVNAGAR .. APPELLANT VS SMT. MITABEN V. PAREKH, L/H. OF LATE SHRI VIJAY M. PAREKH, 1731/B, SARVODAYA SOCIETY, SARKARNAGAR, BHAVNAGAR .. RESPONDENT PAN : AJEPP 5929 J REVENUE BY : SMT. SMITI SAMANT, SR-DR ASSESSEE(S) BY : SMT. SIDDHI SHAH, AR / DATE OF HEARING 23/12/2015 /DATE OF PRONOUNCEMENT 06/01/2016 / O R D E R PER SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER: ALL THESE THREE APPEALS FILED BY THE REVENUE ARE DI RECTED AGAINST THE SEPARATE ORDERS OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-XX, AHMEDABAD, ALL COMMON DATED 05.06.201 2, FOR ASSESSMENT YEARS 2001-02, 2002-03 AND 2003-04 RESPECTIVELY, CA NCELLING THE ORDER PASSED BY THE ASSESSING OFFICER U/S 154 OF THE ACT. 2. BEFORE US, AT THE OUTSET, LD. AUTHORIZED REPRESE NTATIVE SUBMITTED THAT ALL THESE PRESENT APPEALS OF THE REVENUE NEED TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCU LAR NO.21 OF 2015 DATED 10.12.2015. THE LD. DEPARTMENTAL REPRESENTAT IVE FAIRLY ADMITTED IT(SS)A NO. 429 TO 431/AHD/2012 ACIT VS. SMT MITABEN V. PAREKH AY : 2001-02 TO 2003-04 2 THAT THE TAX EFFECT IS LESS THAN THE LIMIT PRESCRIB ED BY THE AFORESAID CBDT CIRCULAR. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. ON PERUSING THE GROUNDS OF APPEAL RAISED B Y THE REVENUE, WE FIND THAT REVENUE IS AGGRIEVED BY THE ORDER OF CIT( A) IN CANCELLING THE ORDER U/S 154 OF THE INCOME-TAX ACT PASSED BY THE A SSESSING OFFICER IN ALL THESE APPEALS AND THE TAX EFFECT OF EACH APPEAL IS BELOW RS.10 LACS. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAXES ( CBDT) DATED 10.12.2015 (CIRCULAR NO.21 OF 2015), NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF GIVEN BY LD. CIT(A) BEFORE THE INCOM E TAX APPELLATE TRIBUNAL UNLESS THE TAX EFFECT, EXCLUDING INTEREST EXCEEDS RS.10 LACS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RET ROSPECTIVELY TO THE PENDING APPEALS. IN THE PRESENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT THE TAX EFFECT IS LESS THAN RS.10 LACS, WE ARE OF T HE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESA ID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEALS OF THE D EPARTMENT AND THEREFORE THE PRESENT APPEALS ARE NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES, WE DISMISS ALL THES E APPEALS OF REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CAS E. 4. IN THE RESULT, ALL THREE APPEALS FILED BY THE RE VENUE ARE DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 6TH JANUARY 2016 A T AHMEDABAD. SD/- SD/- ANIL CHATURVEDI SHAILENDRA KU MAR YADAV (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD; DATED 06/01/2016 BIJU T., PS IT(SS)A NO. 429 TO 431/AHD/2012 ACIT VS. SMT MITABEN V. PAREKH AY : 2001-02 TO 2003-04 3 ! ' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! ' ' # / CONCERNED CIT 4. ' ' # ( ) / THE CIT(A) 5. &'( ! , ' ! , / D R, ITAT, AHMEDABAD 6. (- . / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD