The ACIT, Circle-7(2), Ahmedabad V. M/s. Isotex Corporation, Ahmedabad

MA 132/AHD/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7000 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 08-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT JAIN
• Assessee Lawyers: MEHUL TALERA AR
• Keywords: Tax effect

Judgement Text

- , - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI PRADIPKUMAR KEDIA, ACCOUNTANT MEMBER MISC. APPLICATION NO.132/AHD/2018 IN ./ ITA NO.3222/AHD/2014 / ASSTT. YEAR: 2010-11 JCIT, CIR.7(2) AHMEDABAD. VS. M/S.ISOTEX CORPORATION 181/283, GIDC INDUSTRIAL ESTATE, NARODA AHMEDABAD. ( APPLICANT ) (RESPONDENT) REVENUE BY : SHRI LALIT JAIN, SR.DR ASSESSEE BY : SRI MEHUL TALERA, AR ! '#$ % &' / DATE OF HEARING : 03/08/2018 ()* % &' / DATE OF PRONOUNCEMENT: 07 /08/2018 +, / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: PRESENT MISC. APPLICATION IS DIRECTED AT THE INSTAN CE OF THE REVENUE PLEADING THEREIN THAT APPEAL OF THE REVENUE BEARING NO.3222/AHD/2014 WAS DISMISSED BY THE TRIBUNAL ON A CCOUNT OF LOW TAX EFFECT INVOLVED IN IT. 2. IT HAS BEEN POINTED OUT THAT BY VIRTUE OF RELIEF GIVEN BY THE LD.CIT(A) TAX EFFECT IN THE APPEAL OF THE REVENUE I S RS.10,15,430/- WHICH IS MORE THAN THE LIMIT PRESCRIBED IN CIRCULAR NO.21 OF 2015. DURING THE COURSE OF HEARING, WE HAVE CONFRONTED TH E LD.DR THAT RECENTLY, CBDT ENHANCED THE MONETARY LIMIT FOR FILIN G APPEAL MA NO.132/AHD/2018 2 AGAINST ORDER OF THE LD.CIT(A) BEFORE THE TRIBUNAL. IF WE RESTORE THIS APPEAL, ON ACCOUNT OF EXCEEDING LIMIT PRESCRIB ED IN THE OLD CBDT CIRCULAR CITED BY THE REVENUE, THEN IT WILL AGA IN BE DISMISSED BY APPLYING NEW CIRCULAR I.E. CIRCULAR NO .3 OF 2018 DATED 11.7.2018. THEREFORE, NO FRUITFUL PURPOSE WILL BE SERVED IF THIS APPEAL IS RESTORED FOR FRESH ADJUDICATION, AS IT BE COMES REDUNDANT. ACCORDINGLY, MA OF THE REVENUE STANDS DISMISSED. 3. IN THE RESULT, MA OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 7 TH AUGUST, 2018. SD/- SD/- (PRADIPKUMAR KEDIA) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER