The DCIT, Central Circle-2, Vadodara V. Shri Anil K. Thakkar, Baroda

ITSSA 90/AHD/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5035 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 11-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 23-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P SHARMA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) IT(SS)A. NOS: 90 TO 93/AHD/2017 & 97/AHD/2017 (ASSESSMENT YEARS: 2010-11) DCIT, CENTRAL CIRCLE-2, VADODARA INCOME TAX OFFICER, WARD- 1(2)(5), VADODRA V/S V/S ANIL K. THAKKAR 10, ROKADNATH SOCIETY, NEAR HARIBHAKTI EXTENSION, RACE COURSE, BARODA PAN ABCPT6758P, DAKSHABEN A. THAKKAR 10, ROKADNATH SOCIETY, NEAR HARIBHAKTI EXTENSION, RACE COURSE, BARODA PAN- AAQPT3444B, RAJESH K. THAKKAR 10, ROKADNATH SOCIETY, NEAR HARIBHAKTI EXTENSION, RACE COURSE, BARODA PAN ABCPT6763E, KANTILAL A. THAKKAR 10, ROKADNATH SOCIETY, NEAR HARIBHAKTI EXTENSION, RACE COURSE, BARODA PAN- ABCPT6763E SMT. SONALI RAJESH THAKKAR 10, ROKADNATH SOCIETY, NEAR HARIBHAKTI EXTENSION, RACE COURSE, BARODA PAN AECPS5567E IT(SS)A NOS. 90 TO 93/AHD/2017 & OTHERS . A.Y. 2010-11 2 (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI O.P. SHARMA, CIT/DR RESPONDENT BY : SMT. URVASHI SHODHAN, A.R. ( )/ ORDER DATE OF HEARING : 22 -08-201 9 DATE OF PRONOUNCEMENT : 11 -09-2019 PER BENCH 1. THESE FIVE APPEALS FILED BY THE REVENUE ARE DIRECTE D AGAINST THE ORDER OF THE LD. CIT(A)-12, AHMEDABAD DATED 22.11.2016 PERTAININ G TO A.Y. 2010-11. 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 ISSU ED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHO LDS PERTAINING TO TAX EFFECTS. AS PER AFORESAID CIRCULAR, ALL PENDING AP PEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LI TIGATION 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 A ND THEREFORE APPEAL 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, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION IT(SS)A NOS. 90 TO 93/AHD/2017 & OTHERS . A.Y. 2010-11 3 OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFO RESAID CBDT CIRCULAR IN ANY MANNER. 4. IN THE RESULT, ALL THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 11 - 09- 2019 SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 11/09/2019 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD