The ITO-Ward-1(3)(2), Surat V. Shri Jayantibhai Devjibhai Tarpara, Surat

MA 15/SRT/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7143 (ITAT-SURAT)
• Duration Of Justice: 1 year(s) 1 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 20-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: SAPNESH SHETH
• 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.15/SRT/2020 [ARISING OUT OF ITA NO.1127/AHD/2016] ASSESSMENT YEAR: (2012-13) (VIRTUAL COURT HEARING) INCOME TAX OFFICER, WARD-1(3)(2), SURAT. VS. SHRI JAYANTIBHAI DEVJIBHAI TARPARA, HARIKRISHNA, THAKORDWAD SOCIETY, OPP. SATYAM APPARTMENT, MINI BAZAR, VARACHHA ROAD, SURAT. ./ ./ PAN/GIR NO.: AAWPT9730A (REVENUE) (ASSESSEE) REVENUE BY : MS ANUPAMA SINGLA - SR. DR ASSESSEE BY : SHRI SAPNESH SHETH CA / DATE OF HEARING : 12/02/2021 /DATE OF PRONOUNCEMENT : 08/04/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: BY WAY OF CAPTIONED APPLICATION, THE REVENUE 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 23.08.2019. 2. THE CONTENTION OF THE REVENUE IN THIS MISCELLANEOUS APPLICATION (MA) IS THAT TAX EFFECT IN THE ASSESSEES CASE IS RS.61,43,607/- WHICH IS ABOVE THE MONETARY LIMIT PRESCRIBED BY THE BOARD VIDE CIRCULAR NO.17/2019 DATED 08.08.2019, THEREFORE ORDER SHOULD BE RECALLED. 3. MS ANUPAMA SINGLA, LD. DEPARTMENTAL REPRESENTATIVE (IN SHORT THE LD. DR) FOR THE REVENUE SUBMITTED THAT IN THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE, THE TAX EFFECT HAD BEEN REPORTED AT RS.61,43,607/- WHICH IS MORE THAN THE THRESHOLD LIMIT PRESCRIBED BY THE CBDT IN CIRCULAR NO.17/2019 DATED 08.08.2019. HOWEVER, THE LD. DR FURTHER SUBMITTED THAT THE TAX EFFECT CALCULATION WAS AGAIN DONE BY THE ASSESSING OFFICER AND THE ASSESSING OFFICER HAS REPORTED THAT THE TAX EFFECT IN THIS MISCELLANEOUS APPLICATION ONLY TO THE PAGE | 2 MA NO.15/SRT/2020 ASSESSMENT YEAR.2012-13 JAYANTIBHAI DEVJIBHAI TARPARA TUNE OF RS.37,08,000/-, THEREFORE LD. DR HAS FAIRLY AGREED THAT THE SAID MISCELLANEOUS APPLICATION OF THE REVENUE MAY BE DISMISSED AS THE TAX EFFECT COMPUTED BY THE ASSESSING OFFICER IS RS.37,08,000/- WHICH IS LESS THAN THRESHOLD LIMIT PRESCRIBED BY THE CBDT AT RS.50,00,000/-. 4. THE LEARNED COUNSEL FOR THE ASSESSEE HAS FAIRLY AGREED WITH THE SUBMISSIONS OF THE LD. DR FOR THE REVENUE. 5. WE HAVE HEARD BOTH THE PARTIES AND CAREFULLY GONE THROUGH THE SUBMISSIONS PUT FORTH ON BEHALF OF THE ASSESSEE. WE NOTE THAT LD. DR FOR THE REVENUE HAS DIRECTED THE ASSESSING OFFICER TO COMPUTE THE TAX EFFECT IN THE SAID REVENUES MISCELLANEOUS APPLICATION. THE ASSESSING OFFICER HAS ACCORDINGLY COMPUTED THE TAX EFFECT AND REPORTED TO THE LD. DR THAT THE TAX EFFECT IN THE ASSESSEES CASE IS TO THE TUNE OF RS.37,08,000/- ONLY WHICH IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, THEREFORE THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE DOES NOT SURVIVE. HENCE, WE DISMISS THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION (IN MA NO.15/SRT/2019 FOR AY.2012-13) FILED BY THE REVENUE IS DISMISSED. ORDER IS PRONOUNCED ON 08/04/2021 AT THE TIME OF VIRTUAL COURT HEARING. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER LWJR /SURAT / DATE:08/04/2021 SAMANTA 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