DCIT, Circle-2(3), Surat V. Shri Jerambhai Parsottambhai Thesia, Surat

MA 18/SRT/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9371 (ITAT-SURAT)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-01-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 21-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RECALLING OF
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER MA NO. 18/SRT/2020 IN ITA NO. 2223/AHD/2013 FOR AY.2008-09 ( VIRTUAL HEARING) DCIT CIRCLE-2(3), ROOM NO.612 AAYAKAR BHAWAN, MAJURA GATE, SURAT VS JERAMBHAI PARSOTTAMBHAI THESIA, A-17, VITHAL NAGAR, HIRA BAUG, SURAT PAN : AAMPT 5791 K APPLICANT RESPONDEDNT REVENUE BY MISS ANUPMA SINGHLA SR. DR ASSESSEE BY SH. SAPNESH SETH AR DATE OF HEARING 01.01.2021 DATE OF PRONOUNCEMENT 01.01.2021 ORDER UNDER SECTION 254(2) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. THIS MISCELLANEOUS APPLICATIONS (MA) IS FILED BY THE REVENUE FOR RECALLING OF THE ORDER DATED 23.08.2019 IN ITA NO. 2223/AHD/2013. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE SUBMITS THAT THE APPEAL OF THE REVENUE WAS DISMISSED BY TRIBUNAL IN ITS ORDER DATED 23 RD AUGUST 2028 BY TAKING VIEW THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF RS. 50.00 LAKHS AS PER CIRCULAR NO. 19/2019 ISSUED BY CENTRAL BOARD OF DIRECT TAX (CBDT), FOR FILING APPEAL BEFORE TRIBUNAL. THE LD DR FOR THE REVENUE FURTHER SUBMITS THAT THE TAX EFFECT IN THE PRESENT APPEAL IS RS. MA NO. 18/SRT/2020 IN ITA 2223/AHD/2013 JERAMBHAI PARSOTTAMBHAI THESIA 2 57,17,935/-, WHICH IS ABOVE THE MONETARY LIMIT OF RS. 50.00LAKHS AND THE ORDER PASSED BT TRIBUNAL QUA THIS APPEAL IS LIABLE TO BE RECALL AND THE APPEAL MAY BE FIXED FOR HEARING ON MERIT AFRESH. 3. ON THE OTHER HAND THE LEARNED AUTHORISED REPRESENTATIVE (AR ) FOR THE ASSESSEE FAIRLY ACCEPTED THAT THE TAX EFFECT ON THE PRESENT APPEAL IS MORE THAN RS. 50.00 LAKHS. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF THE PARTIES AND HAVE SEEN THE CONTENTS OF THE ORDER DATED 23RD AUGUST 2019. PERUSAL OF THE ORDER REVEALS THAT THE APPEAL OF THE REVENUE WAS DISMISSED DUE TO LOW TAX EFFECT IN VIEW OF CBDT CIRCULAR NO. 17/2019 AND THE REVENUE WAS GIVEN LIBERTY TO FILE APPLICATION FOR RECALLING THE ORDER, IF THE TAX EFFECT IS DISCOVERED TO BE MORE THAN RS. 50.00 LAKHS. THEREFORE, CONSIDERING THE CONTENTION OF BOTH THE PARTIES, WE FIND THAT THE TAX EFFECT IN THE PRESENT APPEAL IS RS. 57,17, 935/- WHICH IS ADMITTEDLY MORE THAN THE MONETARY LIMIT FIXED BY CBDT IN ITS CIRCULAR NO. 19/2019, HENCE THE ORDER DATED 23.08.2019 IS RECALLED AND THE HEARING OF APPEAL IS FIXED ON 03.02.2021 FOR HEARING IT AFRESH. 5. ISSUANCE OF FRESH NOTICE FOR HEARING IS DISPENSED WITH AS THE DATE OF HEARING IS FIXED WITH THE CONSENT OF PARTIES. THE ASSESSEE IS DIRECTED TO FILE ALL THE DOCUMENTS, IF SO DESIRED FIFTEEN DAYS IN ADVANCE, WITH COPY TO THE OPPOSITE PARTY. 6. IN THE RESULT THE MA FILED BY THE REVENUE IS ALLOWED. MA NO. 18/SRT/2020 IN ITA 2223/AHD/2013 JERAMBHAI PARSOTTAMBHAI THESIA 3 ORDER PRONOUNCED ON 01 ST JANUARY 2021 AT THE TIME OF HEARING IN VERTUAL COURT. SD/- SD/- (DR.ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 01 ST JANUARY, 2021 SELF BY AUTHOR COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR , SURAT