The ACIT, Navsari Circle, Navsari V. M/s. Sahjanand Exports, Navsari

MA 26/SRT/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0021 (ITAT-SURAT)
• Duration Of Justice: 11 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-02-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 28-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS ANUPAMA SINGLA
• Keywords: Tax effect
• Section: 15

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, HON'BLE JUDICIAL MEMBER AND DR.SHRI ARJUN LAL SAINI, HON'BLE ACCOUNTANT MEMBER (VIRTUAL HEARING) M.A NO.26/SRT/2020 (ARISING OUT OF ITA NO.202/SRT/2018) [ [ / ASSESSMENT YEAR: 2008-09 THE ASSISTANT COMMISSIONER OF INCOME TAX, NAVSARI CIRCLE, NAVSARI. VS . M/S.SAHAJANAND EXPORTS, 2/1, 3231/3, PLOT NO.6, ANAND NAGAR, SAHANAND, SHANTADEVI ROAD, NAVSARI. [PAN: AATFS 9138 E] / APPELLANT /RESPONDENT [ /ASSESSEE BY SHRI MEHUL SHAH CA /REVENUE BY MRS . ANUPAMA SINGLA - SR.DR / DATE OF HEARING: 26 . 0 2 .20 2 1 /PRONOUNCEMENT ON: 26 . 0 2 .202 1 /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 1. THIS MISCELLANEOUS APPLICATIONS (MA) IS FILED BY THE REVENUE SEEKING RECTIFICATION/RECALL OF THE ORDER DATED 11.11.2019 IN ITA NO.202/SRT/2018 FOR THE A.Y. 2008-09. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE SUBMITS THAT THE APPEAL OF THE REVENUE WAS DISMISSED DUE TO LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. HOWEVER, AT THE TIME OF PASSING ORDER, THE REVENUE WAS GIVEN LIBERTY TO GET THE APPEAL REVIVE IN CASE TAX EFFECT IS DISCOVERED TO BE MORE THAN MONETARY LIMIT OF 50 LAKHS. THE LEARNED DR FOR THE REVENUE SUBMITS THAT IN ITA NO.202/SRT/2018, THE TAX EFFECT IS ACIT, NAVSARI CIRCLE, NAVSARI VS. SAHAJANAND EXPORTS./ MA NO.26/SRT/2018 FOR A.Y. 2008-09 2 RS.1,11,54,493/- I.E. MORE THAN RS.50 LAKHS. THE LD. DR ALSO FURNISHED THE WORKING OF TAX EFFECT. 3. THE LEARNED AUTHORISED REPRESENTATIVE (AR) OF THE ASSESSEE AFTER GOING THROUGH THE WORKING OF TAX EFFECT FAIRLY CONCEDED THAT TAX EFFECT INVOLVED IN THE APPEAL IS MORE THAN MONETARY LIMIT OF RS.50 LAKHS AS PRESCRIBED IN CBDT CIRCULAR NO.17/2019. 4. CONSIDERING THE CONTENTION OF BOTH THE PARTIES THAT THE TAX EFFECT INVOLVED IN THE APPEAL IS MORE THAN MONETARY LIMIT OF RS.50 LAKHS. THE ORDER DATED 11.11.2019 IN ITA.NO.202/SRT/2018 FOR A.Y. 2008-09 IS RECALLED AND THE HEARING OF APPEALS IS RE-FIXED FOR HEARING AFRESH ON MERIT ON 08.04.2021. ISSUANCE OF FRESH NOTICE OF HEARING IS DISPENSED WITH, AS THE DATE OF HEARING IS GIVEN WITH THE CONSENT OF PARTIES. THE PARTIES ARE FURTHER DIRECTED TO FILE RELEVANT DOCUMENTARY EVIDENCE/IF SO DESIRED, 15 DAYS PRIOR TO THE DATE OF HEARING AFTER SUPPLYING THE COPY OF SUCH DOCUMENTS TO OPPOSITE PARTY. 5. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED ON 26 TH FEBRUARY 2021 AT THE TIME OF HEARING OF APPEAL. SD/- SD/- (DR.ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 26 TH FEB 2021 / #SGR COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT