The Dy. Commr. of Wealth Tax, Circle-1(1), RAJKOT-GUJARAT V. Shri Indranil Sanjaybhai Rajyaguru, RAJKOT-GUJARAT

MA 13/RJT/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2323 (ITAT-RAJKOT)
• Duration Of Justice: 3 year(s) 2 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 15-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MEHUL J RANPURA
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT [CONDUCTED THROUGH E COURT AT AHMEDABAD] BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER MISC. APPLICATION NO.11 TO 13/RJT/2016 IN WTA NO.03 TO 5/RJT/2015 / ASSTT.YEAR : 2006-07 TO 2008-09 DCIT, CIR.1(1) RAJKOT. VS. SHRI INDRANIL S. RAJYAGURU SANJAYRAJ ESTATE RACE COURSE ROAD RAJKOT. ( APPLICANT ) ( RESPONENT ) REVENUE BY : SHRI PRAVEEN VERMA, SR.DR ASSESSEE BY : SHRI MEHUL J. RANPURA, AR / DATE OF HEARING : 22/08/2019 / DATE OF PRONOUNCEMENT: 27/08/2019 .// O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: PRESENT MISC. APPLICATIONS ARE DIRECTED AT THE INST ANCE OF THE REVENUE POINTING OUT APPARENT ERROR IN THE ORDER OF TRIBUNA L BY WHICH THE TRIBUNAL HAS DISPOSED OF ABOVE APPEALS DUE TO LOW TAX EFFECT AS PER THE RELEVANT CBDT INSTRUCTION. 2. WHILE GOING THROUGH THE RECORD, IT CAME TO OUR N OTICE THAT IN THE APPEALS, REVENUE HAS CHALLENGED DELETION OF PENALTY UNDER SECTION 18(1)(C) OF THE WEALTH-TAX ACT, FOR RS.1,26,720/-, RS.81,250/- AND RS.47,700/- FOR THE ASSTT.YEARS 2006-07 TO 2008-09 RESPECTIVELY BY THE LD.CIT(A). THESE APPEALS WERE DISMISSED BY THE TRIBUNAL BY VIRTUE OF EARLIER CBDT INSTRUCTIONS MA NO.11/RJT/2016 AND 2 OTHERS 2 PROHIBITING FILING OF APPEALS BEFORE THE TRIBUNAL W HERE MONETARY LIMIT DOES NOT CROSS THRESHOLD LIMIT STIPULATED THEREIN. IT IS PLEADED BY THE REVENUE IN THE APPLICATION INTER ALIA THAT APPEALS FILED BEFORE THE ITAT ARE UNDER WEALT H- TAX ACT AND THE MONETARY LIMIT SPECIFIED IN THE INS TRUCTION IS NOT APPLICABLE IN THE PRESENT CASE. WE HAVE NOTICED THAT CBDT HAS C LARIFIED APPLICABILITY OF THE CIRCULAR IN THE WEALTH-TAX MATTERS THAT MONETAR Y LIMITS FOR FILING OF APPEALS IN INCOME TAX CASES AS PRESCRIBED IN PARA 3 OF THE CIRCULAR SHALL ALSO APPLY TO WEALTH TAX APPEALS THROUGH EXTENSION OF THE CIRCULA R TO WEALTH TAX MATTERS IN A MUTATIS MUTANDIS MANNER AND WITH MODIFICATIONS AS PRESCRIBED. THE REFORE, WE DO NOT FIND ANY MERIT IN THE APPLICATIONS OF THE REVENUE FOR RECALL OF THE IMPUGNED ORDERS. ACCORDINGLY, THEY STAND REJECTED. 3. IN THE RESULT, REVENUES MISC. APPLICATIONS ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 27 TH AUGUST, 2019 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 27/08/2019