The ITO, Ward-3(3)(4), Surat V. M/s. Rajhans Builders, Surat

MA 13/SRT/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0589 (ITAT-SURAT)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 20-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 254(2); 15

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER MA NOS.12 & 13/SRT/2020 IN IT(SS)A NO.56 & 55/AHD/2016 FOR AY.2005-06 & 2004-05 ( VIRTUAL HEARING) THE INCOME TAX OFFICER, WARD-3(3)(4), SURAT. VS M/S.RAJHANS BUILDERS, B-210/211, YASH PLAZA, OPPP. DHANAMILL COMPOUND, VARACHHA ROAD, SURAT - 395006 [PAN: AAFFR 3094 L ] APPLICANT RESPONDENT ASSESSEE BY SH. DILEEP PATEL - CA/ AR REVENUE BY M R S ANUPMA SINGHLA - SR. DR DATE OF HEARING 12.02.2021 DATE OF PRONOUNCEMENT 12 .02.2021 ORDER UNDER SECTION 254(2) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. THESE TWO MISCELLANEOUS APPLICATIONS (MA) ARE FILED BY THE REVENUE SEEKING RECTIFICATION/RECALL OF THE ORDER DATED 23.08.2019 IN IT(SS)A NO.56 & 55/AHD2016 FOR THE A.Y. 2005-06 & 2004-05 RESPECTIVELY. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE SUBMITS THAT BOTH THE APPEALS OF THE REVENUE WAS DISMISSED DUE TO LOW TAX EFFECT IN VIEW OF THE CIRCULAR NO.17/2019 DATED 08.08.2019. HOWEVER, AT THE TIME OF PASSING ORDER, THE REVENUE WAS GIVEN LIBERTY TO GET THE APPEAL REVIVE IN CASE TAX EFFECT IS DISCOVERED TO BE MORE THAN MONETARY LIMIT OF 50 LAKHS. THE LEARNED DR FOR THE REVENUE SUBMITS THAT IN IT(SS)A NO.56/AHD/2016, THE TAX EFFECT IS RS.56,43,796/- AND ITO, WARD-3(3)(4), SURAT VS. M/S.RAJHANS BUILDERS/ MA NOS.12 & 13/AHD/2016 FOR A.Y. 2005-06 & 2004-05 2 IN IT(SS)A.NO.55/AHD/2016 THE TAX EFFECT IS RS.52,85,107/-. THE LD. DR ALSO FURNISHED THE WORKING OF TAX EFFECT. 3. THE LEARNED AUTHORISED REPRESENTATIVE (AR) OF THE ASSESSEE AFTER GOING THROUGH THE WORKING OF TAX EFFECT FAIRLY CONCEDED THAT TAX EFFECT INVOLVED IN BOTH THE APPEALS ARE MORE THAN MONETARY LIMIT OF RS.50 LAKHS AS PRESCRIBED IN CIRCULAR NO.17/2019. 4. CONSIDERING THE CONTENTION OF BOTH THE PARTIES THAT THE TAX EFFECT INVOLVED IN BOTH THE APPEALS ARE MORE THAN MONETARY LIMIT OF RS.50 LAKHS. THE ORDER DATED 23.08.2019 IN IT(SS)A.NO.55 & 56/AHD/2016 FOR A.Y. 2004-05 AND FOR A.Y. 2004-05 AND 2005-06 RESPECTIVELY IS RECALLED AND THE HEARING OF APPEALS IS RE-FIXED FOR HEARING AFRESH ON MERIT ON 19.04.2021. ISSUANCE OF FRESH NOTICE OF HEARING IS DISPENSED WITH, AS THE DATE OF HEARING IS GIVEN WITH THE CONSENT OF PARTIES. THE PARTIES ARE FURTHER DIRECTED TO FILE RELEVANT DOCUMENTARY EVIDENCE/IF SO DESIRED, 15 DAYS PRIOR TO THE DATE OF HEARING AFTER SUPPLYING THE COPY OF SUCH DOCUMENTS TO OPPOSITE PARTY. 5. IN THE RESULT, BOTH MISCELLANEOUS APPLICATIONS OF THE REVENUE ARE ALLOWED. ORDER PRONOUNCED ON 12 TH FEBRUARY 2021 AT THE TIME OF HEARING OF MA(S) IN VIRTUAL HEARING. SD/- SD/- (DR. ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 12 TH FEBRUARY 2021/#SGR COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. ITO, WARD-3(3)(4), SURAT VS. M/S.RAJHANS BUILDERS/ MA NOS.12 & 13/AHD/2016 FOR A.Y. 2005-06 & 2004-05 3 BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT