Income Tax Officer Ward-3(3)(5), Surat V. Shri Chturbhai Karshanbhai Vasani, Surat

MA 08/SRT/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7914 (ITAT-SURAT)
• Duration Of Justice: 10 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 18-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: P M JAGASHETH
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM MA NO.08/SRT/2020 [ARISING OUT OF ITA NO.321/SRT/2017] ASSESSMENT YEAR: (2009-10) (VIRTUAL COURT HEARING) INCOME TAX OFFICER, WARD-3(3)(5), SURAT. VS. CHATURBHAI KARSANBHAI VASANI, 205, BHAGUNAGAR SOCIETY, LAMBE HANUMAN ROAD, B/H MATAWADI, SURAT. ./ ./ PAN/GIR NO.: AFIPV9766K (REVENUE) (ASSESSEE) REVENUE BY : MS ANUPAMA SINGLA - SR. DR ASSESSEE BY : SHRI P M JAGASHETH - AR / DATE OF HEARING : 18/12/2020 /DATE OF PRONOUNCEMENT : 08/01/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: BY WAY OF THE CAPTIONED APPLICATION, THE ASSESSEE HAS SOUGHT TO POINT OUT THAT A MISTAKE APPARENT FROM RECORD WITHIN THE MEANING OF SECTION 254(2) OF THE INCOME TAX ACT, 1961( IN SHORT THE ACT) HAS CREPT IN THE ORDER OF THE TRIBUNAL DATED 23.08.2019. 2. THE CONTENTION OF LD DR IN THIS MISCELLANEOUS APPLICATION IS THAT SINCE TAX EFFECT INVOLVED IN THE REVENUE`S APPEAL IS AT RS.52,20,827/- WHICH IS MORE THAN THE MONETARY LIMIT OF RS.50,00,000/- PRESCRIBED IT BY THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. THEREFORE, THE DECISION OF THE TRIBUNAL TO DISMISS THE APPEAL OF THE REVENUE BY OBSERVING THAT TAX EFFECT INVOLVED IN ASSESSEES CASE IS BELOW RS.50,00,000/- IS INCORRECT AND HENCE THERE IS MISTAKE APPARENT IN THE ORDER OF THE TRIBUNAL. THEREFORE, THE ORDER OF THE TRIBUNAL DATED 23.08.2019 SHOULD BE RECALLED. PAGE | 2 MA NO.08/SRT/2020 ASSESSMENT YEAR.2009-10 CHATURBHAI KARSANBHAI VASANI 3.SHRI P. M. JAGASHETH, LEARNED COUNSEL FOR THE ASSESSEE HAS FAIRLY AGREED THAT TAX EFFECT INVOLVED IS AT RS.52,20,827/- WHICH IS MORE THAN THE MONETARY LIMIT OF RS.50,00,000/- PRESCRIBED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, THEREFORE ORDER OF THE TRIBUNAL MAY BE RECALLED. 4. WE HAVE HEARD BOTH THE PARTIES AND CAREFULLY GONE THROUGH THE SUBMISSIONS PUT FORTH ON BEHALF OF THE ASSESSEE ALONG WITH THE DOCUMENTS FURNISHED. WE NOTE THAT TAX EFFECT INVOLVED IN THE REVENUES APPEAL IS AT RS.52,02,827/- WHICH IS MORE THAN THE MONETARY LIMIT OF RS.50,00,000/-, PRESCRIBED BY THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. THEREFORE, THERE IS A MISTAKE APPARENT IN THE ORDER OF THE TRIBUNAL; HENCE WE RECALL THE ORDER OF TRIBUNAL DATED 23.08.2019. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON MERITS ON 19.01.2021. BOTH THE PARTIES ARE INFORMED IN THE OPEN COURT, THEREFORE NO SEPARATE NOTICE OF HEARING WOULD BE SENT. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION (IN ITA NO.08/SRT/2020 FOR AY.2009-10) FILED BY THE REVENUE IS ALLOWED. ORDER IS PRONOUNCED ON 08/01/2021, AS PER RULE 34 OF INCOME TAX APPELLATE TRIBUNAL, RULE 1963. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER LWJR /SURAT / DATE: 08/01/2021 SAMANTA, PS COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT