The ITO, Ward-1(1), Ahmedabad V. Accelaris Technologies Ltd., Ahmedabad

MA 261/AHD/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6535 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-05-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 03-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: RACHNA A SHAH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER) M.A. NO: 261/AHD/2017 (IN ITA NO. 978/AHD/2014) (ASSESSMENT YEAR: 2006-07) ITO, WARD-1(1), AHMEDABAD V/S ACCELARIS TECHNOLOGIES LTD., 405, MAURYA ATRIA, NR. KASTURI TOWER, BODAKDEV, AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AADCA1940M APPELLANT BY : SHRI MUDIT NAGPAL, SR. D. R. RESPONDENT BY : SMT. RACHNA A. SHAH, A.R. ( )/ ORDER DATE OF HEARING : 20 -04-201 8 DATE OF PRONOUNCEMENT : 07 -05-2018 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY TH E REVENUE AND IT IS STATED THEREIN THAT IN ITA NO. 978/AHD/2014 THE APPEAL FIL ED BY THE REVENUE FOR M.A. NO. 261 /AHD/2017 . A.Y. 2006-0 7 2 ASSESSMENT YEAR 2006-07, HOWEVER, IN THE ORDER OF I TAT HAS DISMISSED THE REVENUES APPEAL ON ACCOUNT OF LOW TAX EFFECT IN VI EW OF CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015. IN THIS CONNECTION, IT IS SUBMITTED THAT THE TAX EFFECT IN THIS CASE IS RS. 10,66,600/- WHICH IS MORE THAN THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015. 2. WE HAVE GONE THROUGH THE APPLICATION AND HEARD BOTH THE PARTIES. IN FACT THE TAX EFFECT IN THIS CASE WAS RS. 10,66,600/- AND WHI CH IS MORE THAN THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015. SINCE THE TAX EFFECT IS MORE THAN RS. 10 LAKHS, THEREFORE, WE RECALL ORDER DATED 04.07.20 17 AND DIRECT THE REGISTRY TO FIX THIS MATTER FOR REGULAR HEARING. 3. IN THE RESULT M.A. IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 07 - 05- 2018 SD/- SD/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 07/05/2018 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD