The Dy. Commissioner of Income Tax, Circle-2(3), Surat V. M/s. Sardar Enclave (AOP), Bardoli

MA 19/SRT/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6178 (ITAT-SURAT)
• Duration Of Justice: 1 year(s) 2 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 21-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: RASESH SHAH
• 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.19/SRT/2020 [ARISING OUT OF ITA NO.1574/AHD/2016] ASSESSMENT YEAR: (2008-09) (VIRTUAL COURT HEARING) THE ITO, WARD-2(3), SURAT. VS. SARDAR ENCLAVE (AOP), BLOCK NO.338, NR. TULSI BUNGLOWS, SHASTRI ROAD, DHARROD-LUMBHA, TALUKA-BARDOLI, SURAT. ./ ./ PAN/GIR NO.: AACAS7543M (REVENUE) (ASSESSEE) ASSESSEE BY : MS ANUPAMA SINGLA, SR. DR RESPONDENT BY : SHRI RASESH SHAH, CA / DATE OF HEARING : 05/03/2021 /DATE OF PRONOUNCEMENT : 21/04/2021 / 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. AT THE OUTSET ITSELF, THE LEARNED DEPARTMENTAL REPRESENTATIVE (IN SHORT THE LD. DR) FOR THE REVENUE SUBMITTED THAT THIS MISCELLANEOUS APPLICATION (MA) WAS FILED BY THE DEPARTMENT AT THE INITIAL STATE ON THE BELIEF THAT TAX EFFECT INVOLVED WAS TO THE TUNE OF RS.60,39,226/-, HOWEVER LATER ON THE TAX EFFECT WAS RECOMPUTED BY THE ASSESSING OFFICER AND HE REPORTED 00THE TAX EFFECT TO THE TUNE OF RS.44,59,072/-. 3. LEARNED COUNSEL FOR THE ASSESSEE HAS FAIRLY AGREED WITH THE CONTENTION OF THE LD. DR FOR THE REVENUE. PAGE | 2 MA NO.19/SRT/2020 ASSESSMENT YEAR.2008-09 SARDAR ENCLAVE (AOP) 4. WE HAVE HEARD BOTH THE PARTIES AND CAREFULLY GONE THROUGH THE SUBMISSIONS PUT FORTH ON BEHALF OF THE ASSESSEE. WE NOTE THAT TAX EFFECT ITSELF IS TO THE TUNE OF RS.44,59,072/- WHICH IS BELOW RS.50,00,000/-, MONETARY LIMIT PRESCRIBED BY THE BOARD CIRCULAR NO.17/2019 DATED 08.08.2019, THEREFORE WE DISMISS THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION (IN MA NO.19/SRT/2020 FOR AY.2008-09) FILED BY THE REVENUE IS DISMISSED. ORDER IS PRONOUNCED ON 21/04/2021 AT THE TIME OF VIRTUAL COURT HEARING. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER LWJR /SURAT / DATE: 21/04/2021 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