DCIT, Central Circle-1(3), Ahmedabad V. Shri Sureshbhai Ugarchand Gadhecha, Ahmedabad

MA 154/AHD/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8783 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 11-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A L THAKKAR
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I AMARJIT SINGH , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE - 1(3), AHMEDABAD (APPELLANT) VS SHRI SURESH U. GADHECHA, 2, DEEPAWALI CENTRE, OPP. OLD HIGH COURT, ASHRAM ROAD, AHMEDABAD PAN: AAZPG9 771D (RESPONDENT) REVENUE BY : S H RI SATISH SOLANKI , SR. D . R. ASSESSEE BY: SHRI A.L. THAKKA R , A.R. DATE OF HEARING : 06 - 09 - 2 019 DATE OF PRONOUNCEMENT : 17 - 09 - 2 019 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - BY WAY OF THIS RECTIFICATION PETITION, THE ASSESSING OFFICER - APPLICANT SEEKS RECALL OF OUR ORDER DATED 31 - 07 - 2018 ON THE GROUND THAT THE ACTUAL TAX EFFECT IN THIS APPEAL WAS RS. 22,06,108/ - WHEREAS THE APPEAL WAS DISMISSED ON THE GROUND THAT TAX EFF ECT INVOLVED WAS LESS THAN RS. 20 LACS. CONSIDERING THE ABOVE FACT THERE APPEARS TO BE APPARENT MISTAKE FROM RECORD, THEREFORE, THE ORDER IS RECALLED AND ADJUDICATED AS UNDER: - M.A. NO. 154/AHD/2019 & I T A NO . 1427 / A HD/20 14 A SS ESSMENT YEAR 2008 - 09 M.A.154/AHD/2019 & I.T.A NO. 1427 /AHD/20 14 A.Y. 2 008 - 09 PAGE NO DY. COMMISSIONER OF INCOME TAX VS. SHRI SURESH U. GADHECHA 2 2. THE DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED THAT THE LOW TAX EFFECT THRESHOLD FOR NOT PRESSING THE DEPARTMENTAL APPEAL IS NOW ENHANCED TO RS. 50 LACS VIDE CBDT CIRCULAR NO. 17/2019 DATED 08 - 08 - 2019 . IN VIEW OF THE ABOVE DISCUSSIONS AND BEARING IN MIND THE ENTIRET Y OF T HE CASE, THE MISCELLANEOUS APPLICATION OF THE REVENUE HAS BECOME INFRUCTUOUS AND THE APPEAL OF THE REVENUE STANDS DISMISSED. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 17 - 09 - 201 9 SD/ - SD/ - ( MADHUMITA ROY ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 17 /09 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,