ITO-Ward-1(2)(2), Ahmedabad V. M/s. Kad Udyog, Ahmedabad

MA 214/AHD/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 4817 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-05-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 02-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S V AGRAWAL
• Keywords: Audit objection; Tax effect
• Section: 143(3); 201; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITO, WARD 1(2)(2), AHMEDABAD (APPELLANT) VS M/S. KAD UDYOG, K.L. CHAMBERS, MOTA WAGHIPURA, OPP. DARIYAPUR TOWER, AHMEDABAD - 380001 PAN: AAGFK1588D (RESPONDENT) REVENUE BY : S H RI S .K. DEV , SR. D . R. ASSESSEE BY: SHRI S.V. AGRAWAL, A.R. DATE OF HEARING : 03 - 05 - 2 019 DATE OF PRONOUNCEMENT : 27 - 05 - 2 019 / ORDER P ER : AMARJIT SINGH, ACCOU NTANT MEMBER : - THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF ITAT VIDE ITA NO. 670/AHD/2016 DATED 23 - 03 - 2018. 2. THE REV E NUE HAS SUBMITTED IN THE MISCELLANEOUS APPLICATION THAT THE APPEAL OF THE REVENUE WAS DISMIS SED VIDE ITA NO. 670/AHD/2016 ON THE M.A. NO. 214/AHD/2018 ( IN I T A NO . 670 / A HD/20 16) A SS ESSMENT YEAR 2010 - 11 M.A. NO. 214/AHD/2018 ( IN I.T.A NO. 670 /AHD/20 16) A.Y. 2010 - 11 PAGE NO IT O VS. M/S KAD UDYOG 2 GROUND THAT THE TAX EFFECT INVOLVED WAS BELOW THE LIMIT PRESCRIBED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 OF RS. 10 LACS. IT IS SUBMITTED THAT IN THIS CASE AN AUDIT OBJECTION WAS RAISED BY THE REVENUE AUDIT ON THE GROUND OF INVOCATION OF THE PROVISION OF SECTION 2(22) OF THE ACT. THEREAFTER AFTER TAKING APPROVAL OF THE HIGHER AUTHORITY ORDER U/S. 147 R.W.S. 143(3) DATED 31 ST MAY, 2014 WAS PASSED BY THE ASSESSING OFFICER. IN VIEW OF THE ABOVE F ACTS AND CIRCUMSTANCES, THE REVENUE HAS SUBMITTED THAT THIS CASE FALL UNDER EXCEPTION PRESCRIBED IN PARA 8 (C) OF THE ABOVE REFERRED CBDT CIRCULAR DATED 10 TH DECEMBER, 2015. AFTER CONSIDERING THE AFORESAID SUBMISSION OF THE REVENUE, WE OBSERVE THAT THE C ASE OF THE REVENUE FALLS UNDER THE EXCEPTION AS IN THIS CASE, THE REVENUE AUDIT OBJECTION WAS MADE ON THE BASIS OF WHICH THE ASSESSMENT ORDER WAS PASSED. IN VIEW OF THE ABOVE, WE CONSIDER THAT THE CASE OF THE REVENUE IS REQUIRED TO BE ADJUDICATED ON MERIT . THEREFORE, WE ALLOW THE MISCELLANEOUS APPLICATION OF THE REVENUE. REGISTRY IS DIRECTED TO LIST THE APPEAL ON 30 - 07 - 2019. NO FRESH NOTICE WILL BE ISSUED TO THE PARTIES AS THE FRESH DATE OF HEARING HAS BEEN COMMUNICATED IN THE OPEN COURT. 3. IN THE RE SULT THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 27 - 05 - 201 9 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDAB AD : DATED 27 /05 /2019 M.A. NO. 214/AHD/2018 ( IN I.T.A NO. 670 /AHD/20 16) A.Y. 2010 - 11 PAGE NO IT O VS. M/S KAD UDYOG 3 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,