The ACIT Circle-2(1)(1), Ahmedabad V. Shri Dushyant Manilal Pandya, Sabarkantha

MA 158/AHD/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5847 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 13-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA
• Keywords: Tax effect
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (THROUGH VIRTUAL COURT) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER M.A. NO.158/AHD/2020 (IN ITA NO. 1979/AHD/2017) (ASSESSMENT YEAR: 2012-13) ACIT CIRCLE-2(1)(1), AHMEDABAD-380015 VS. SHRI DUSHYANT MANILAL PANDYA 1, ARWALLI SOCIETY, VALASANA ROAD IDAR, SABARKANTHA-383430 [ PAN NO. AKOPP5443N ] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI, S. S. SHUKLA, SR. D.R. RESPONDENT BY : SHRI TEJ SHAH, A.R. DATE OF HEARING 16/04/2021 DATE OF PRONOUNCEMENT 28/04/2021 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS SEEKING TO RECALL THE ORDER DATED 08.06.2020 IN ITA NO. 1979/AHD/2017 FOR A.Y. 2012-13 WHEREBY AND WHEREUNDER THE APPEAL PREFERRED BY THE REVENUE STOO D DISMISSED DUE TO LOW TAX EFFECT. 2. IT IS THE CASE OF THE REVENUE THAT THAT PENALTY WAS LEVIED UNDER SECTION 271(1)(C) OF RS. 50,21,210/- AND, THEREFORE, THE TA X EFFECT INVOLVED IN THIS CASE IS ABOVE THE PRESCRIBED LIMIT AS PER CBDTS CIRCULAR B EARING NO. 17/2019. HOWEVER, FACT REMAINS THAT THE PENALTY LEVIED BY THE LD. AO WAS ULTIMATELY DELETED BY THE LD. CIT(A) ON 13.06.2017 WHEREIN ADDITION OF RS. 1,63,6 0,688/- WAS CONFIRMED. - 2 - MA N O.158/AHD/2020(IN ITA NO.1979/A/17) ACIT VS. SHRI DUSHYANT MANILAL PANDYA ASST.YEAR 2012-13 ULTIMATELY THE LD. TRIBUNAL BY ITS ORDER DATED 30.0 1.2020 RESTRICTED ADDITION TO RS. 1,15,10,688/-. ON THE OTHER HAND, AGAINST THE DELE TION OF PENALTY THE APPEAL PREFERRED BY REVENUE BEFORE THE LD. TRIBUNAL STOOD DISMISSED ON LOW TAX EFFECT CONSIDERING THE QUANTUM ADDITION CONFIRMED BY THE LD. TRIBUNAL OF R S. 1,15,10,688/-. RELEVANT TO MENTION THAT THE TAX EFFECT WAS OF RS. 35,32,739/- I.E. BELOW TAXABLE LIMIT IN TERMS OF THE CBDT CIRCULAR NO. 17/2019. HENCE, THE MISCELLA NEOUS APPLICATION FILED BY THE REVENUE IS FOUND TO BE DEVOID OF ANY MERIT AND, THU S, DISMISSED. 3. IN THE RESULT, MISC. APPLICATION FILED BY THE RE VENUE IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 28/04/2021 SD/- SD/- (WASEEM AHMED) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 28/04/2021 TANMAY, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A). 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD 1. DATE OF DICTATION 26/04/2021. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 26/04/2021 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 27/04/2021 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S 28/04/2021 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28 /04/2021 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER