ITO( Exemptions) Ward-1, Ahmedabad V. Lok-hit Prakashan Sarvjanik Trust, Ahmedabad

MA 202/AHD/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7344 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 13-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K DEV
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER MA NO. 202/AHD/2018 (ARISING OUT OF ITA NO. 3052/AHD/2015 ) ASSESSMENT YEAR : 2011-12 INCOME TAX OFFICER (EXEMPTION), WARD-1, AHMEDABAD VS. LOK HIT PRAKASHAN SARVAJANIK TRUST, 33/1, GUJARAT TODAY COMPOUND, OPP. SHAH-E- ALAM ROZA, SHAH-E-ALAM, AHMEDABAD-3800028 [PAN : AAATL 0684 K] / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI S K DEV, SR DR ASSESSEE BY : SHRI DEEPAK SHAH, AR / DATE OF HEARING : 03/05/2019 / DATE OF PRONOUNCEMENT: 03/05/2019 / O R D E R THE PRESENT MISCELLANEOUS APPLICATION IS DIRECTED AT THE INSTANCE OF THE REVENUE PLEADING THEREIN THAT THE APPEAL OF THE REV ENUE BEARING ITA NO.3052/AHD/2015 WAS DISMISSED BY THE TRIBUNAL ON A CCOUNT OF LOW TAX EFFECT INVOLVED IN IT. THE TRIBUNAL HAS APPLIED THE CBDT INSTRUCTION NO. 21 OF 2015 WHEREBY IT WAS PROVIDED THAT IF THE TAX EFFECT BY V IRTUE OF RELIEF GIVEN BY THE CIT(A) IS BELOW RS.10 LAKH, THEN THE APPEAL OF THE REVENUE WILL NOT BE MAINTAINABLE BEFORE THE TRIBUNAL. HOWEVER, THE TAX EFFECT IN THE PRESENT CASE HAS BEEN STATED AT RS.13,41,019/-; HENCE, THE MISCE LLANEOUS APPLICATION. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO MY NOT ICE THAT THIS MONITORY LIMIT HAS BEEN ENHANCED TO RS.20 LAKHS BY CBD T INSTRUCTION NO. 3 OF 2018. THEREFORE, EVEN IF THIS MISCELLANEOUS APPLICATION I S BEING ALLOWED AND THE APPEAL OF THE REVENUE IS RESTORED TO ITS ORIGINAL N UMBER, THEN AGAIN, BY THE SMC-MA NO. 202/AHD/2018 ITO VS. LOK HIT PRAKASHAN SARVJANIK TRUST FOR AY: 2011-12 2 APPLICATION OF LATEST INSTRUCTION OF CBDT, THE APPE AL OF THE REVENUE WILL BE DISMISSED FOR THE SAME REASON. THEREFORE, I DO NOT SEE ANY REASON TO RECALL THE ORDER OF THE TRIBUNAL TAKING INTO CONSIDERATION THE LATEST CBDT INSTRUCTION NO. 3 OF 2018. HENCE, THIS APPLICATION IS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 3 RD MAY, 2019 AT AHMEDABAD. SD/- (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 03/05/2019 *BT / 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- ..03.05.2019. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE D ICTATING MEMBER .03.05.2019.. OTHER MEMBER 03.05.2019. 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S ./P.S. - 03.05.2019.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DI CTATING MEMBER FOR PRONOUNCEMENT .. 03.05.2019. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK03.0 5.2019 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK. . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGIST RAR FOR SIGNATURE ON THE ORDER.. 8. DATE OF DESPATCH OF THE ORDER