The ACIT,(OSD)Circle-8, Ahmedabad V. Suvas Infrastructure Pvt.Ltd., Ahmedabad

MA 241/AHD/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2758 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 15-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH MEENA
• Assessee Lawyers: GUNJAN SHAH
• Keywords: Tax effect

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SMT. MADHUMITA ROY, JUDICIAL MEMEBR MISCELLANEOUS APPLICATION NO. 241/AHD/2017-AY 2007- 08 ( IN I.T.A. NO. 1228/AHD/2012-AY 2007-08 ) ACIT (OSD), CIRCLE-8, AHMEDABAD / VS. M/S. SUVAS INFRASTRUCTURE PVT. LTD. 4, CHITRAKOOT BUNGLOW, B/H. RAJPATH CLUB, BODAKDEV, AHMEDABAD - 380058 / / PAN/GIR NO. : AAICS5229E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI RAJESH MEENA, SR. D.R / RESPONDENT BY : GUNJAN SHAH, A.R. / DATE OF HEARING 02/11/2018 !'# / DATE OF PRONOUNCEMENT 05/11/2018 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILE D AT THE INSTANCE OF REVENUE SEEKING RECTIFICATION OF THE OR DER OF THE TRIBUNAL IN ITA NO. 1228/AHD/2012, ORDER DATED 16.0 1.2017 M.A. NO. 241/AHD/17 [ACIT(OSD) VS. M/S. SUVAS INFRASTRUCTURE PVT. LTD.] A.Y. 2007-08 - 2 - PASSED BY THE TRIBUNAL UNDER S.254(2) OF THE INCOME TAX ACT, 1961; (THE ACT). 2. IN THE COURSE OF HEARING, THE LEARNED DR POINTED OUT THAT THE TAX EFFECT IN THIS CASE STANDS AT RS.13,46,750/- WH ICH IS IN EXCESS OF LIMIT SET FOR SUMMARY DISPOSAL ON ACCOUNT OF LOW TAX EFFECT VIDE CIRCULAR NO. 21 OF 2015. THE LEARNED DR ACCOR DINGLY URGED THAT APPEAL DISMISSED IN LIMINE ON THE STRENGTH OF CBDT CIRCULAR NO. 21 OF 2015 REQUIRES TO BE RECALLED. 3. THE MONETARY LIMITS SET OUT FOR FILING APPEAL BY THE DEPARTMENT STANDS AT RS.10 LAKHS AS PER CIRCULAR NO . 21 OF 2015. AS THE TAX EFFECT IS APPARENTLY MORE THAN THE AFORE SAID LIMIT, THE APPEAL OF THE REVENUE REQUIRES TO BE ORDINARILY RECALLED . HOWEVER, AT THE SAME TIME, WE NOTICE THAT THE AFORESAID MONE TARY LIMITS HAVE BEEN REVISED BY CIRCULAR NO. 3 OF 2018 DATED 1 1 TH JULY, 2018. THE REVISED LIMIT FOR FILING APPEAL BY THE DEPARTME NT BEFORE THE INCOME TAX TRIBUNAL NOW STANDS AT RS.20 LAKHS AFTER THE REVISION. THEREFORE, NO PURPOSE WILL BE SERVED FOR RECALLING THE EARLIER ORDER OF THE ITAT IN VIEW OF THE ENHANCED LIMIT FOR MAINT AINABILITY OF M.A. NO. 241/AHD/17 [ACIT(OSD) VS. M/S. SUVAS INFRASTRUCTURE PVT. LTD.] A.Y. 2007-08 - 3 - DEPARTMENTAL APPEAL AS NOTED ABOVE. THEREFORE, TH E MISCELLANEOUS APPLICATION CANNOT BE CONSIDERED FAVO URABLY. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS DISMISSED. SD/- SD/- ( MADHUMITA ROY) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 05/11/2018 TRUE COPY S. K. SINHA ! / COPY OF ORDER FORWARDED TO:- & / REVENUE 2 / ASSESSEE ( ) *+ , / CONCERNED CIT 4 ,- / CIT (A) / 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7 289 : / GUARD FILE. BY ORDER / 4 / 5 *+#4 56) THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON 05 /11/2018