The Asst. Commissioner of Income Tax, Circle-Gandhidham, Gandhidham V. Kutch Salt and Allied Industries Ltd., Gandhidham-Kutch

MA 16/RJT/2023

AI Insights

The case involves the Deputy Commissioner of Income Tax, Circle-2, Rajkot (Appellant) against Vicky Balkrishna Mehta (Respondent), concerning appeals dismissed by ITAT Rajkot due to the tax effect being below Rs. 50 lakhs, as per CBDT's Circular No. 17/2019. The Department argued that the case falls under an exception related to undisclosed foreign assets/bank accounts, citing Circular No. 21/2015. The Tribunal agreed with the Department's view, leading to the recall of the previous orders and scheduling a fresh hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124052 (ITAT-RAJKOT)
• Duration Of Justice: 6 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-11-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 24-08-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 03-05-2023
• Laws Referred To: CBDT's Circular No. 17/2019, Circular No. 21/2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHISH KUMAR PANDEY
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH VIRTUAL COURT ] Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Th e Dy. CIT, Circle-2 , Rajkot (Appellant) Vs Vicky Balkrishna Mehta, A-60 1, Kailash Tower, Op p Od eon Mall, Vallabh Baug Lane, Ghatkopar (East), Mumbai PAN: AGQ PM6495B (Resp ondent) Asses see by : M s. Dev ina Patel, A. R. Revenue by : Shri Ashish Kumar Pan dey , Sr. D. R. Date of hearing : 18-08 -2 023 Date of pronouncement : 03-11 -2 023 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- These are Miscellaneous Applications filed against the order passed by ITAT vide orders in IT(SS)A Nos. 7, 8 & 9/Rjt/2018 dated 20-08-2019. M.A. Nos. 8, 9 & 10/Rjt/2020 (In IT(SS)A Nos. 7, 8 & 9/Rjt/2018) A Ys 2008-09, 2009-10 & 2010-11 MA Nos. 8, 9 &10/Rjt/2020 (In I.T(SS).A Nos. 7,8 & 9/Rjt/2018) Page No ACIT vs. Shri Vicky Balkrishna Mehta 2 2. In the aforesaid appeals, the appeals of the Department were dismissed by ITAT Rajkot on the ground that the tax effect involved is below Rs. 50 lakhs, which is below the prescribed limit as decided by CBDT’s Circular No. 17/2019 dated 08-08-2019. The Tribunal in the aforesaid cases had held that if the tax effect is of more than Rs. 50 lakhs or the appeal falls within the exemption clause of the Circular, then the Revenue will be at liberty to file Miscellaneous Application to recall the Tribunal order in such appeals. Before us, the ld. Departmental Representative submitted that the aforesaid cases are covered under exception (d) Circular No. 21/2015 dated 10-12-2015 (para 8, exception (d)), since the issue relates to undisclosed foreign assets/bank account. Therefore, it was submitted that since the issue is directly covered by the exceptions provided by the aforesaid Circular since issues relates to undisclosed foreign assets/bank accounts, it is a fit case to be recalled and heard again on merits. 3. In view of the submissions made by the ld. Departmental Representative, we are of the considered view that the case of the Department falls within the exemption provided under para 8 exception (d), Circular No. 21/2015 dated 10-12-2015 since the matter/issue relates to undisclosed foreign assets/bank accounts. Accordingly, the orders passed by ITAT, Rajkot vide order dated 20-08-2019 are hereby recalled and fixed for fresh hearing in due course. MA Nos. 8, 9 &10/Rjt/2020 (In I.T(SS).A Nos. 7,8 & 9/Rjt/2018) Page No ACIT vs. Shri Vicky Balkrishna Mehta 3 4. In the result, the Miscellaneous Applications filed by the Department are allowed. Order pronounced in the open court on 03-11-2023 Sd/- Sd/- (WASEEM AHMED) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 03/11/2023 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, Assistant Registrar, Income Tax Appellate Tribunal, Rajkot