Income Tax Officer, Ward -3(3)(2), Surat V. Shri Jaysukhbhai Bavchandbhai, Surat

MA 14/SRT/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7913 (ITAT-SURAT)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 20-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: ISHAN ASLOT
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM MA NO.14/SRT/2019 [ARISING OUT OF ITA NO.1507/AHD/2017] ASSESSMENT YEAR: (2012-13) (VIRTUAL COURT HEARING) INCOME TAX OFFICER, WARD-3(2)(5), SURAT. VS. MAHENDRASINH ISHWERSINGH PARMAR, 19/B, PATEL FALIYA, DABHOLI, TA CHORYASI, SURAT. ./ ./ PAN/GIR NO.: AEDPP1377G (REVENUE) (ASSESSEE) REVENUE BY : MS ANUPAMA SINGLA - SR. DR ASSESSEE BY : SHRI ISHAN ASLOT - AR / DATE OF HEARING : 18/12/2020 /DATE OF PRONOUNCEMENT : 08/01/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: BY WAY OF CAPTIONED APPLICATION, THE ASSESSEE HAS SOUGHT TO POINT OUT THAT A MISTAKE APPARENT FROM RECORD WITHIN THE MEANING OF SECTION 254(2) OF THE INCOME TAX ACT, 1961(IN SHORT THE ACT) HAS CREPT IN THE ORDER OF THE TRIBUNAL DATED 31.08.2018. 2.THE CONTENTION OF LD DR FOR THE REVENUE IN THIS MISCELLANEOUS APPLICATION IS THAT SINCE THE TAX EFFECT INVOLVED IN THE ASSESSEE`S CASE IS RS.21,51,087/-, WHICH IS MORE THAN THE PRESCRIBED LIMIT OF RS.20,00,000/- AS PER OLD CIRCULAR OF CBDT, HENCE THE ORDER OF THE TRIBUNAL SHOULD BE RECALLED. 3.ON THE OTHER HAND, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT IF THE APPEAL OF THE REVENUE IS RECALLED THEN ALSO THE REVENUES APPEAL FALLS IN THE AMBIT OF TAX EFFECT AS PER LATEST CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, WHEREIN THE PAGE | 2 MA NO.14/SRT/2019 ASSESSMENT YEAR.2012-13 MAHENDRASINH ISHWERSINGH PARMAR CBDT HAS INCREASED THE MONETARY LIMIT TO FILE THE APPEAL BEFORE TRIBUNAL AT RS.50,00,000/- WHICH IS MORE THAN RS.21,51,087/-. THEREFORE, REVENUES APPEAL SHOULD BE DISMISSED. 4.WE HAVE HEARD BOTH THE PARTIES AND CAREFULLY GONE THROUGH THE SUBMISSIONS PUT FORTH ON BEHALF OF THE ASSESSEE ALONG WITH THE DOCUMENTS FURNISHED. WE NOTE THAT AS PER THE LATEST CIRCULAR NO.17/2019 ISSUED BY THE CBDT DATED 08.08.2019, THE MONETARY LIMIT FOR FILING APPEAL BEFORE THE TRIBUNAL IS RS.50,00,000/- WHEREAS THE TAX EFFECT IN THE ASSESSEES APPEAL IS TO THE TUNE OF RS.21,51,087/-. THEREFORE, THE REVENUES MISCELLANEOUS APPLICATION BECOMES INFRUCTUOUS AND WE DISMISS THE SAME. 5.IN THE RESULT, THE MISCELLANEOUS APPLICATION (IN ITA NO.14/SRT/2019 FOR AY.2012-13) FILED BY THE REVENUE IS DISMISSED. ORDER IS PRONOUNCED ON 08/01/2021, AS PER RULE 34 OF INCOME TAX APPELLATE TRIBUNAL, RULE 1963. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER LWJR /SURAT / DATE: 08/01/2021 SAMANTA, PS COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT