The DCIT, Central Circle-3, Vadodara V. M/s. Ultra Tech Transmission Pvt. Ltd, Vadodara

MA 15/AHD/2023

AI Insights

The case involves the Department of Income Tax and M/s. Ultra Tech Transmission Pvt. Ltd. Initially, the ITAT dismissed the Revenue's appeal due to the tax effect being below the prescribed limit. However, upon re-verification, the Department found that the tax effect was actually above the threshold. Consequently, the Department filed a Miscellaneous Application to recall the ITAT's earlier order, which was granted, and the case was set for a fresh hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131560 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-04-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 20-04-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 26-01-2023
• Laws Referred To: CBDT Circular No. 17 of 2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member The D y. C I T , Ce ntr a l C ir c le - 3 , Va do d ar a (A p p e ll a n t) V s M/ s . U l tr a t ec h T r a n s m is sio n Pv t. Ltd . G F - 1 , R ad ha kr is h n a F la ts , Pl ot N o . 7 , Sh a n ti N ike ta n So c . N e a r E SI H o s p ita l, O pp . H a ve l i Pr od uc ti v it y R oa d , A l dap ur i, V ad od a r a PA N: A A B C U3 75 1 A ( R e s p on de nt ) As s e s s e e b y : Sh ri B a n d i sh S o pa r k ar , A . R. & S hr i P ar in S ha h, A .R . R ev en u e by : Sh r i R a k es h J h a, Sr . D .R . D at e of he ar in g : 21- 04 - 2 02 3 D at e of pr o n ou nc e me nt : 01 - 0 5 - 2 02 3 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This Miscellaneous Application filed by the Department is against the order passed by ITAT in IT(SS)A No. 400/Ahd/2019 A.Y. 2015-16 vide order dated 16- 11-2022. 2. The brief facts of the case are that the Department filed Miscellaneous Application against order passed by ITAT in IT(SS)A No. 400/Ahd/2019 vide M.A. No. 15/Ahd/2023 (In I(SS)TA No. 400/Ahd/2019) Assessment Year 2015-16 M.A. No. 15/Ahd/2023 (in I.T(SS).A No. 400/Ahd/2019) A.Y. 2015-16 Page No. DCIT vs. M/s. Ultra Tech Transmission Pvt. Ltd. 2 order dated 16-11-2022 in which ITAT had dismissed the appeal of the Revenue on the ground that the tax effect on the disputed addition is less than Rs. 50 lakhs being the monetary limit prescribed by the CBDT Circular No. 17 of 2019 dated 08-08-2019. However, in the said order the ITAT held that if on re-verification at the end of the Assessing Officer, it comes to the notice that the tax effect is more than 50 lakhs, then the Department will be at liberty to approach the Tribunal to recall this order. Now, the Department has filed the present Miscellaneous Application on the ground that on verification, the actual tax effect for the year under consideration is raised to Rs. 51,41,940/- which is more than the prescribed monetary limit. Accordingly, the Department submitted that in view of the facts, the order of the ITAT needs to be recalled. Considering the above facts, since the appeal effect with respect to the disputed addition is more than Rs. 50 lakhs, the earlier order passed by the ITAT dated 16-11-2022 is recalled and fixed for fresh hearing. 3. In the result, the Miscellaneous Application of the Revenue is allowed. Order pronounced in the open court on 01-05-2023 Sd/- Sd/- (WASEEM AHMED) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 01/05/2023 आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद