The ITO, Ward-1(2)(4), Baroda V. Shri Pradeepshankar B. Jha, Baroda

MA 103/AHD/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8782 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 11-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 201; 27; 15

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I AMARJIT SINGH , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER THE ITO , WARD - 2( 1 )(2 ), VADODARA (APPELLANT) VS SHRI PRADEEPSHANKAR B. JHA PROP. M/S. KAILASH ENTERPRISES, 215 - GOLDEN TRADE CENTRE, SAYAJIGANJ, BARODA - 390005 PAN: ABTPJ25 56N (RESPONDENT) REVENUE BY : S H RI SATISH SOLANKI , SR. D . R. ASSESSEE BY: SHRI BANDISH SOPARKAR , A.R. DATE OF HEARING : 06 - 09 - 2 019 DATE OF PRONOUNCEMENT : 17 - 09 - 2 019 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - BY WAY OF THESE TWO RECTIFICATION PETITION S , THE ASSESSING OFFICER - APPLICANT SEEKS RECALL OF OUR ORDER DATED 31 - 07 - 2018 ON THE GROUND THAT THE ACTUAL TAX EFFECT IN THESE TWO APPEALS WERE RS. 21,03,74 5 & RS. 47,00,314/ - RESPECTIVELY WHEREAS THE APPEALS WERE DISMISSED ON THE GROUND THAT TAX EFF ECT INVOLVED WAS LESS THAN RS. 20 LACS. CONSIDERING THE ABOVE FACT THERE M.A. NOS. 103 & 104 /AHD/20 19 & I T A NO S . 27 14 & 2715 / A HD/20 15 A SS ESSMENT YEAR 2010 - 11 & 2011 - 12 M.A .103 & 104/AHD/2019 & I.T.A NO S . 27 14 & 2715 /AHD/20 15 A.Y. 2010 - 11 & 2011 - 12 PAGE NO ITO VS. SHRI PRADEEPSHANKAR B. JHA 2 APPEARS TO BE APPARENT MISTAKE FROM RECORD, THEREFORE, THE ORDER IS RECALLED AND AD JUDICATED AS UNDER: - 2. THE DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED THAT THE LOW TAX EFFECT THRESHOLD FOR NOT PRESSING THE DEPARTMENTAL APPEAL IS NOW ENHANCED TO RS. 50 LACS VIDE CBDT CIRCULAR NO. 17/2019 DATED 08 - 08 - 2019 . IN VIEW OF THE ABOVE DISCUS SIONS AND BEARING IN MIND THE ENTIRET Y OF THE CASE, BOTH THE MISCELLANEOUS APPLICATIONS OF THE REVENUE HAVE BECOME INFRUCTUOUS AND THE APPEALS OF THE REVENUE STAND DISMISSED. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 17 - 09 - 201 9 SD/ - SD/ - ( MADHUMITA ROY ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 17 /09 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,