DCIT, Circle-2(1)(1), Vadodara V. M/s. Tash Investment Pvt. Ltd, Vadodara

MA 1/AHD/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3856 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-06-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 21-01-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S.S. SHUKLA
• Keywords: Tax effect; Tax effect
• Section: 254(2)

Judgement Text

, ‘C’ । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMEBR & SHRI MAHAVIR PRASAD, JUDICIAL MEMEBR MISCELLANEOUS APPLICATION No. 1/Ahd/2021 (in ITA No. 821/Ahd/2018) ( Assess ment Ye ar : 2015-16) DC IT Cir cl e- 2( 1)( 1) , Va d oda ra / V s . M / s. Ta s h I n ves t ment Pvt . Lt d. 9 t h F lo or , AB S To w ers , Ol d Pad ra R oa d, V a do dar a / /P A N / G IR N o . : A A A C T 6 7 3 7 A ( Appellant) . . ( / Respondent) /Appellant by : Shri S. S. Shukla, Sr. D.R. / Respondent by : Shri Pratik Shah, A.R. D a t e o f H e a r i n g 06/05/2022 !"# /D a t e o f P r o n o u n c e m e n t 21/06/2022 ORDER PER MAHAVIR PRASAD, JM: This miscellaneous application has been filed by the Revenue under s.254(2) of the Act against the Tribunal order dated 27.02.2020 to recall the impugned order. 2. There is a delay of 332 days in filing the application, but, same has been condoned because this Miscellaneous Application was instituted MA No. 1/Ahd/2021 [DCIT vs. M/s. Tash Investment Pvt. Ltd.] AY 2015-16 - 2 - during the pandemic time and in view of the Hon’ble Supreme Court vide its order owing to in Suo Moto Writ Petition (Civil) No(s).3/2020 dated 23.03.2020 which ultimately was extended upto 28 th February, 2022 in Miscellaneous Application No.21 of 2022 dated 10 th January, 2022. 3. This Miscellaneous Application has been instituted by the Revenue wherein it is mentioned that: “Miscellaneous Application under Section 254(2) of the I.T. Act 1961 r.w.s rule 34A of the Appellate Tribunal Rules, 1963 requesting for recalling of order dated 18.12.2019 of Hon'ble I.T.A.T."C"-Bench Ahmedabad in I.T.A. No. 821/Ahd/2018 in the case of M/s Tash Investment Pvt ltd ,A.Y. 2015-16 holding P.A.N. AAACT6737A GROUNDS OF APPEAL FOR FILING MLAL AGAINST THE ORDER OF HON'BLE ITAT "C" BENCH AHMEDABAD dated 27.02.2020 IN ITA NO. 821/Ahd/2018 before Hon'ble I.T.A.T. 1. The Hon'ble ITAT "C" Bench, Ahmedabad has dismissed the Revenue's Appeal filed in the assessee's case for A.Y. 2015-16 vide order dated 27.02.2020 in ITA No. 821/AHD/2018 on the ground that the tax effect involved is below the prescribed limit and the case is not covered under any of the exceptions laid down in the Board's Circular No. 03/2018 dated 11.07.2018. 2. The appeal to the Hon'ble ITAT by way of Miscellaneous Application is being filed considering the fact that the tax effect in the instant case is Rs.1,67,15,947/-. Though the tax effect in the instant case is above the monetary limits prescribed for filing the appeal before the Income-tax Appellate Tribunal, the Hon'ble ITAT inadvertently dismissed the appeal of Revenue on account of low tax effect. 2.. The appellant craves to add to amend or alter the above grounds of appeal as may be deemed necessary Relief claimed in M.A. : It is prayed that the Hon'ble I.,T.A.T.'s Order dated 27.02.2020 in IT.A. No. 821/Ahd/2018 in the assessee's case for A.Y. 2015- 16 may kindly be recalled and the issue involved may kindly be decided afresh on merit of the case.” 4. Since, tax involved in this matter is above tax limit of CBDT CBDT vide Instruction No. F. No. 279/Misc/M-93/2018-ITJ dt. 20/08/2019 has MA No. 1/Ahd/2021 [DCIT vs. M/s. Tash Investment Pvt. Ltd.] AY 2015-16 - 3 - observed that Circular No.17/2019 dated 08/08/2019. The learned AR Shri Pratik Shah has fairly conceded that the tax involved in the matter is above. 5. In the result, the miscellaneous applications filed by the Revenue is allowed. Sd/- Sd/- ( ANNAP UR NA GUP TA) (MAHAVIR PRASAD) ACC OUNTANT MEMB ER JUDICIAL MEMBER Ahmedabad: Dated 21/06/2022 True Copy S.K.SINHA ेश ! " #े" / Copy of Order Forwarded to:- $ / Revenue 2 द / Assessee ' ( )* + / Concerned CIT 4 + - / CIT (A) . / 0 1 2 2 )*3 )* #3 45द ( द / DR, ITAT, Ahmedabad 6 1 78 फ / Guard file. By order/ द श 3 उ / 4 )* #3 45द ( द । This Order pronounced in Open Court on 21/06/2022