The DCIT, Central Circle-2(2), Ahmedabad V. Shri Manojkumar Babulal Agrawal (HUF), Banaskantha

ITSSA 61/AHD/2018

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3938 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 14-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 04-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect; Set aside
• Section: 143(3); 153A

Judgement Text

आयकर अपीलीय अिधकरण, अहमदाबाद ᭠यायपीठ ‘A’ अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & Ms. MADHUMITA ROY, JUDICIAL MEMBER आयकर अपील सं./I.T(SS)A. No. 61/Ahd/2018 (िनधाᭅरण वषᭅ / Assessment Year: 2011-12) DCIT Circle-2(2), Ahmedabad बनाम/ Vs. Shri Manojkumar B. Agrawal HUF, 40, APMC Market, Iqbalgadh, Dist.Banaskantha ᭭थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACHA5547E (अपीलाथᱮ/Appellant) .. (ᮧ᭜यथᱮ / Respondent) अपीलाथᱮ ओर से/Appellant by : Shri Vijay Kumar Jaiswal, CIT DR ᮧ᭜यथᱮकᳱओरसे / Respondent by: None सुनवाईकᳱतारीख/Date of Hearing 14/06/2022 घोषणाकᳱतारीख /Date of Pronouncement 15/06/2022 आदेश/O R D E R PER MADHUMITA ROY, JUDICIAL MEMBER: The appeal filed by the Revenue for A.Y. 2011-12, arise from order of the Learned Commissioner of Income Tax (Appeals)-12, Ahmedabad dated 06.12.2017, in proceedings under Section 143(3) r.w.s. 153A of the Income Tax Act, 1961; 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 case and in law, the Ld. CIT(A) has erred in law and/or on facts in restricting the addition made by the AO on account of G.P. to Rs.49,84,766/- as against addition of Rs.1,76.04,426/-. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in applying the G.P. rate offered by another assessee before the Hon'ble Settlement Commission, which is decided on the facts particular to that case, and for a later assessment year in this case, even though each assessment year has to be deiced on its own facts. 3. On the facts and in the circumstances of the case and in taw, the Ld. C!T(A) ought to have upheld the order of the A.O. IT(SS)A No.61/AHD/2018 [DCIT vs. Manojkumar B Agrawal HUF.] A.Y. 2011-12 2 4. !t is, therefore, prayed that the order of the Ld. CIT(A) be 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 revising 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 where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine. 4. The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner. 5. In the result, the appeal of the Revenue is dismissed. Sd/- Sd/- (WASEEM AHMED) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 15/06/2022 Manihs, Sr. PS TRUE COPY This Order pronounced in Open Court on 15/06/2022