The Asstt. Commr. of Income Tax, Morbi Circle, Morbi V. M/s Simpex Granito P. Ltd., Wankaner

MA 23/RJT/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 1467 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 7 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-10-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 29-09-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

MA No. 23/RJT/2020 A.Y. 2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (Conducted through E-Court at Ahmedabad) BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER AND Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER M.A. No.23/RJT/2020 (In ITA No. 94/RJT/2017) Assessment Year: 2012-13 The Assistant Commissioner of vs. M/s Simplex Granito Pvt. Ltd. Income Tax, PAN-AANCS8840G Morbi Circle, 8A-National Highway, Sartanpar Morbi. Road, Sr. No. 170/P/1-2, Tal-Wankaner, Dist. Rajkot (Applicant/Appellant) (Respondent) Applicant by : Shri B. D. Gupta, Ld. Sr. DR Respondent by : None Date of hearing : 30.09.2022 Date of pronouncement : 07.10.2022 O R D E R PER SUCHITRA KAMBLE, JUDICIAL MEMBER : This Miscellaneous Application is filed by the Revenue in respect of order dated 20/08/2019 passed by the Tribunal. 2. The Ld. DR submitted that the appeal was dismissed on technical ground that “tax effect in this case does not exceed the prescribed monetary limit which is now revised at Rs. 50.00 lakhs vide Circular No. 17/2019 dated 08.08.2019, hence the appeal is not maintainable and requires to be dismissed.” The Ld. DR submitted that the assessment proceedings in the instant case were finalized u/s. 143(3) of the Act on 30.03.2015 for the A.Y. 2012-13 assessing therein total income at Rs. 1,74,56,891/- as against the returned income of Rs. 60,18,612/- by making addition of Rs. 1,14,32,850/- on account of gross profit on undisclosed sales and unaccounted investment towards purchases of raw material. The base of the addition made was the information shared by the Central Excise department regarding involvement of the Assessee Company in the clandestinely removable of vitrified tiles. The case of the assessee falls under exception mentioned in F. No. MA No. 23/RJT/2020 A.Y. 2012-13 2 279/Misc. 142/2007-ITJ (Pt) issued by CBDT dated 20.08.2018 as amendment to Para 10 of the Circular No. 3 of 2018 dtd. 11.07.2018 wherein it is mentioned as” “Where addition is based on information received from external sources in the nature of law enforcing agencies such as CBI/ED/DRI/SIFO/Directorate General of GST Intelligence (DGGI)” Thus, the Ld. DR prayed that the order dated 20.08.2019 passed in the appeal be recalled and the matter may be decided on merit. 3. At the time of hearing none appeared on behalf of the assessee despite giving notice. The notice was duly served to the assessee, therefore, we are proceeding in the present Misc. Application. 4. We have heard Ld. DR and perused all the relevant material available on record. From the perusal of the records and after going through the Circular and its amendment i.e. F. No. 279/Misc.142/2007-ITJ (Pt) issued by CBDT dated 20.08.2018 as amendment to Para 10 of the Circular No. 3 of 2018 dtd. 11.07.2018, it appears that the present appeal filed by the Revenue comes under the exception and therefore, we are recalling the order dated 20.08.2019, thereby restoring the appeal being ITA No. 94/RJT/2017 for fresh hearing on merit. The Registry is directed to place the above appeal for regular hearing after giving notice to the parties accordingly. Thus, Miscellaneous Application filed by the Revenue is allowed. 5. In result, Miscellaneous Application filed by the Revenue is allowed. Order pronounced in the open Court on this 7 th day of October, 2022. Sd/- SD/- (ANNAPURNA GUPTA) (SUCHITRA KAMBLE) Accountant Member Judicial Member Ahmedabad, the 7 th day of October, 2022 PBN/* Copies to: (1) The appellant (2) The respondent (3) CIT MA No. 23/RJT/2020 A.Y. 2012-13 3 (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Assistant Registrar Income Tax Appellate Tribunal Rajkot Bench, Rajkot