The DCIT, TDS Circle, Vadodara V. M/s. Eimco Elecon(India) Ltd., Anand

MA 206/AHD/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2543 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 24-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: LALIT P JAIN
• Keywords: Audit objection; Corroborative evidences; Tax effect; TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER M.A. NO.206/AHD/2016 (IN ITA NO. 2613/AHD/2013) (ASSESSMENT YEAR : 2008-09) DCIT, TDS CIRCLE, BARODA. VS. EIMCO ELECON (INDIA) LTD., SOJITRA ROAD, V. V. NAGAR, ANAND. [PAN NO. AAACE 4645 C] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI SUNIL TALATI, A.R. RESPONDENT BY : SHRI LALIT P. JAIN , SR. D.R. DATE OF HEARING 21/12/2018 DATE OF PRONOUNCEMENT 07/03/2019 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT MISCELLANEOUS APPLICATION IS DIRECTED A T THE INSTANCE OF THE REVENUE SEEKING RESTORATION OF TRIBUNALS ORDER DATED 16.12 .2015 IN ITA NO.2613/AHD/2013 (REVENUES APPEAL) FOR ASSESSMENT YEAR 2008-09 WHER EBY AND WHEREUNDER THE MATTER WAS DISMISSED DUE TO LOW TAX EFFECT. 2. PERUSED THE MISC. APPLICATION. WE FIND THAT THOU GH THE APPEAL FILED BY THE REVENUE WAS DISMISSED DUE TO LOW TAX EFFECT BUT THE APPLICA TION FOR RESTORATION HAS BEEN FILED ON THE BASIS OF CLAUSE 8(C) OF THE NOTIFICATION BEING CIRCULAR NO. 21/2015 DATED 10.12.2015 ISSUED BY THE CENTRAL BOARD DIRECT TAXES, NEW DELHI DEALING WITH THE ISSUES WHEN APPEAL CAN BE FILED BY THE DEPARTMENT TO CONTEST ON MERIT EVEN THOUGH THE SAME IS BELOW THE MONITORY LIMIT. - 2 - MA N O.206/AHD/2016(IN ITA NO.2613/A/13) DCIT VS. EIMCO ELECON (INDIA) LTD. ASST.YEAR 2008-09 3. THE RELEVANT PORTION OF CBDT CIRCULAR IS AS FOLL OWS: 8. ADVERSE JUDGMENT RELATING TO THE FOLLOWING ISSU ES SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT ENTAILED IS LESS THAN THE MONITORY LIMITS SPECIFIED IN PARA 3 ABOVE OR THERE IS NO TAX EFFECT : (A) WHERE THE CONSTITUTIONAL VALIDITY OF THE PROVISONS OF AN ACT OR RULE ARE UNDER CHALLENGE, OR (B) WHERE BOARDS ORDER, NOTIFICATION, INSTRUCTION OR C IRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR (C) WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS BEEN ACCEPTED BY THE DEPARTMENT, OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN A SSETS/BANK ACCOUNTS. WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS BEEN ACCEPTED BY THE DEPARTMENT. HOWEVER, NO SUCH DETAILS OF AUDIT OBJECTIONS IS ON RECORD BEFORE US. NEITHER THE SAME WAS PROVIDED OT THE TIME OF HEARING OF THE APP LICATION. THE STATEMENT, THEREOF, MADE BY THE REVENUE IS WITHOUT ANY SUPPORTING EVIDENCE T O JUSTIFY THE STAND TAKEN BY REVENUE. IN THE ABSENCE OF ANY SUCH DOCUMENT/EVIDENCE WE ARE DECLINED TO RECALL OUR ORDER. HENCE, THE APPLICATION IS DISMISSED. 4. IN THE RESULT, MISC. APPLICATION IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 07/03/2019 SD/- SD/- ( PRADIP KUMAR KEDIA ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 07/03/2019 PRITI YADAV, SR.PS - 3 - MA N O.206/AHD/2016(IN ITA NO.2613/A/13) DCIT VS. EIMCO ELECON (INDIA) LTD. ASST.YEAR 2008-09 / 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 05/02/2019 (DICTATION PAGE 1) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 06/02/2019 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 07/03/2019 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. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 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