DCIT, Central Circle-2(2), Ahmedabad V. Rajeshkumar Babulal Agarwal(HUF), Banaskantha

ITSSA 62/AHD/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1185 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 08-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 05-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER [VIRTUAL COURT] ./ I.T(SS).A. NO. 57/AHD/2018 ( [ [ / ASSESSMENT YEAR: 2007-08) & ./ I.T(SS).A. NOS.62 TO 64/AHD/2018 ( [ [ / ASSESSMENT YEARS: 2007-08 TO 2009-10) DCIT, CENTRAL CIRCLE- 2(2), AHMEDABAD DCIT, CENTRAL CIRCLE- 2(2), AHMEDABAD / VS. / VS. SHRI MANOJKUMAR B. AGRAWAL HUF 40, APMC MARKET, IQBALGADH, DIST. BANASKATHA PAN NO. AACHA 5547E SHRI RAJESHKUMAR BABULAL. AGRAWAL HUF 39, APMC MARKET, IQBALGADH, DIST. BANASKATHA PAN NO. AACHA 5546F ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI ANSHU PRAKASH, CIT/D.R. / RESPONDENT BY : NONE / DATE OF HEARING 07/07/2021 / DATE OF PRONOUNCEMENT 08/07/2021 IT(SS)A NOS. 57/AHD/18 & 62 TO 64/AHD/2018 A.YS. 2007-08 TO 2009-10 - 2 - / O R D E R PER BENCH THE CAPTIONED FOUR APPEALS HAVE BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-12, AHMEDABAD (CIT(A) IN SHORT), DATED 06.12.2017 ARISING OUT OF ASSESSMENT ORDER DATED 31.03.2015 FOR AYS 2007-08 TO 2009-10. 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEALS 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. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 279/MISC/M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DATED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE TO ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTION, 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 APPEALS OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 3. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED THE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APPEALS 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. IT(SS)A NOS. 57/AHD/18 & 62 TO 64/AHD/2018 A.YS. 2007-08 TO 2009-10 - 3 - 4. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ARE DISMISSED. SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 08/07/2021 RAJESH / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. / CONCERNED CIT 4. - / CIT (A) 5. , , / DR, ITAT, AHMEDABAD 6. [ / GUARD FILE. BY ORDER / , / , THIS ORDER PRONOUNCED IN OPEN COURT ON 08/07/2021