The ITO, Ward -3(1)(1), Ahmedabad V. Shri Vinod Vitthalbhai Patel, Ahmedabad

MA 116/AHD/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6439 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-10-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 20-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NK GOEL
• Assessee Lawyers: AFAQ SAIYAD
• Keywords: Tax effect

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER MISCELLANEOUS APPLICATION NO. 116/AHD/2019 WITH I.T.A. NO. 804/AHD/2016 / ASSTT. YEAR: 2009-2010 ITO WARD-3(1)(1), AHMEDABAD / VS. SHRI VINOD VITTHALBHAI PATEL 3, FRIENDS AVENUE, B/H. RAJPATH CLUB, NR. PAKWAN CHAR RASTA, BODAKDEV, AHMEDABAD / / PAN/GIR NO. : ACMPP3617L ( / APPELLANT ) .. ( / RESPONDENT ) / REVENUE BY : SHRI N. K. GOEL, SR.D.R. / ASSESSEE BY : AFAQ SAIYAD, A.R. / DATE OF HEARING 18/10/2019 !'# / DATE OF PRONOUNCEMENT 21/10/2019 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED MISCELLANEOUS APPLICATION HAS BEEN FI LED BY THE REVENUE SEEKING RESTORATION OF SUBSTANTIVE APPEAL D ISMISSED EARLIER M.A. NO. 116/AHD/19 WITH ITA NO. 804/AHD/16 [SHRI VINOD V. PATEL] A.Y. 2009-10 - 2 - IN LIMINE ON THE GROUND THAT THE TAX EFFECT INVOLVED IN THE I NSTANT CASE EXCEEDS RS.20 LAKHS AND CONSEQUENTLY THE ACTIO N OF THE TRIBUNAL IN APPLYING CBDT CIRCULAR NO. 3 OF 2018 IS NOT JUSTIFIED. 2. IT WAS THUS CONTENDED THAT CBDT CIRCULAR NO. 3 O F 2018 IS NOT APPLICABLE IN THE INSTANT CASE AS THE TAX EFFECT ST ANDS AT RS.22,91,552/- WHICH IS IN EXCESS OF THE PRESCRIBED MONETARY LIMIT. 3. WE FIND MERIT IN THE PLEA OF THE ASSESSEE FOR RE STORATION OF SUBSTANTIVE APPEAL TO ITS ORIGINAL NUMBER IN THE BA CKGROUND NOTED ABOVE. THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED. 4. HAVING RESTORED THE SUBSTANTIVE APPEAL FOR FRESH HEARING ON MERIT, WE CONSIDER IT EXPEDIENT TO DISPOSE OF THE S UBSTANTIVE APPEAL AS WELL, WITH THE CONSENT OF THE PARTIES CONCERNED. IT WAS NOTICED THAT NOTWITHSTANDING THE RECALL OF ORIGINAL ORDER, THE APPEAL OF THE REVENUE IS HIT BY SUBSEQUENT CBDT CIRCULAR NO.17 OF 2019 DATED 08.08.2019 WHEREBY THE MONETARY LIMIT TOWARDS TAX E FFECT IS FURTHER REVISED TO RS.50 LAKHS IN THE INTERREGNUM. THUS, I N THE LIGHT OF UPGRADATION OF MONETARY LIMIT PRESCRIBED BY CBDT CI RCULAR NO. 17 OF 2019, THE SUBSTANTIVE APPEAL OF THE REVENUE IS D ISMISSED YET AGAIN. M.A. NO. 116/AHD/19 WITH ITA NO. 804/AHD/16 [SHRI VINOD V. PATEL] A.Y. 2009-10 - 3 - 5. PERTINENT TO OBSERVE, IT SHALL BE OPEN TO REVENU E TO SEEK RESTORATION OF ITS APPEAL IN ITA NO. 1067/AHD/2017 ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCULAR IN A NY MANNER. 6. IN THE COMBINED RESULT, THE MISCELLANEOUS APPLIC ATION NO. 116/AHD/2019 OF THE REVENUE IS ALLOWED. THE SUBSTA NTIVE APPEAL OF THE REVENUE IN ITA NO.804/AHD/2016 IS CONSEQUENTLY RECALLED AND DISMISSED AGAIN. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 21/10/2019 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- & / REVENUE 2 / ASSESSEE ( ) *+ , / CONCERNED CIT 4 ,- / CIT (A) / 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7 289 : / GUARD FILE. BY ORDER / 4 / 5 *+#4 56) THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON 2 1/10/2019