The DCIT, Central Circle-2(3), Ahmedabad V. Sargon Infrabuild Pvt. Ltd., Gandhinagar

ITSSA 62/AHD/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1950 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 05-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 09-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHIKA R NAGAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER IT(SS)A NO. 62/AHD/2016 (ASSESSMENT YEAR : 2012-13) DCIT, CENTRAL CIRCLE - 2(3), AHMEDABAD. VS. SARGON INFRABUILD PVT. LTD., PLOT NO.386, SECTOR 8, GANDHINAGAR 382 008. [PAN NO. AAMCS 7986 E] (APPELLANT) .. (RESPONDENT) APPELLANT BY : SMT. APARNA AGARWAL, CIT - D.R. RESPONDENT BY : MS. RADHIKA R. NAGAR, A.R. DATE OF HEARING 22.08.2019 DATE OF PRONOUNCEMENT 05.09.2019 O R D E R PER MS. MADHUMITA ROY JUDICIAL MEMBER: THE INSTANT APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 29.09.2015 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 12, AHMEDABAD ARISING OUT OF THE ORDER DATED 31.03.2014 PASSED BY THE DCIT, CENTRAL CIRCLE - 2(3), AHMEDABAD UNDER SECTION 143(3) R.W.S 153A(1)(B) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT) FOR THE ASSE SSMENT YEAR (A.Y.) 2012-13. 2. 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 PERTAIN ING TO TAX EFFECTS. IT IS INTER ALIA - 2 - IT(SS)A NO.62/AHD/2016 DCIT VS. SARGON INFRABUILD PVT. LTD. ASST.YEAR 2012-13 NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 2 79/MISC/M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DA TED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE T O ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTIONS, ALL PEND ING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATIO N 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 . 3. 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 MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVE NUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CI RCULAR IN ANY MANNER. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 05/09/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA RO Y ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 05/09/2019 PRITI YADAV, SR.PS - 3 - IT(SS)A NO.62/AHD/2016 DCIT VS. SARGON INFRABUILD PVT. LTD. ASST.YEAR 2012-13 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ) ( / THE CIT(A)-12, AHMEDABAD. 5. , '#$$ / DR, ITAT, AHMEDABAD 6. %& '( / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) ! / ITAT, AHMEDABAD