The ITO, Ward-1, GANDHIDHAM V. Shri Majid bilal Akbani, GANDHIDHAM

MA 27/RJT/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2627 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 2 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 25-05-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 02-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RATHI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (THROUGH VIRTUAL COURT) BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER M.A. NO.27/RJT/2019 (IN ITA NO. 35/RJT/2016) (ASSESSMENT YEAR: 2011-12) ITO WARD-1, GANDHIDHAM KUTCH VS. SHRI MAJID BILAL AKBANI OFFICE NO. 50, PAREKH MARKET, PLOT NO. 7, WARD NO. 12/A, GANDHIDHAM [PAN NO. AFUPA2361K] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI S. S. RATHI, SR. D.R. RESPONDENT BY : SHRI KALPESH DOSHI, A.R. DATE OF HEARING 25/05/2021 DATE OF PRONOUNCEMENT 25/06/2021 O R D E R PER MS. MADHUMITA ROY - JM: BY WAY OF MISCELLANEOUS APPLICATION THE REVENUE HAS SOUGHT FOR RECALLING OF THE ORDER DATED 30.07.2018. THE APPEAL PREFERRED B Y THE REVENUE HAS BEEN DISMISSED DUE TO LOW TAX EFFECT ALONG WITH OTHER MATTERS. 2. IT HAS BEEN SUBMITTED BY THE LD. DR THAT AT THAT MATERIAL POINT OF TIME THERE WAS SOME MISTAKE IN CALCULATING THE TAX EFFECT OF THE M ATTER. IN FACT, TAKING INTO CONSIDERATION THE SURCHARGE @ 3% TO THE TUNE OF RS. 58,273/- THE TAX EFFECT WOULD HAVE BEEN 20,00,727/- I.E. MORE THAN 20 LAKHS LIMIT . HOWEVER, HAVING REGARD TO THE SUBSEQUENT CIRCULAR ISSUED BY THE CBDT BEARING NO. 17 OF 2019 DATED 08.08.2019 WHEREBY AND WHEREUNDER THE MONETARY LIMIT FOR FILIN G OF APPEAL BEFORE US HAS BEEN INCREASED TO RS. 50 LAKHS THE MISCELLANEOUS APPLICA TION IS REQUIRED TO BE DISMISSED - 2 - MA N O.27/RJT/2019(IN ITA NO.35/R/16) ITO VS. SHRI MAJID BILAL AKHANI ASST.YEAR 2011-12 DUE TO LOW TAX EFFECT I.E. BELOW 50 LAKHS AS SUBMIT TED BY THE LD. AR, IS FOUND TO HAVE REAL SUBSTANCE. THUS, THE MATTER IS FOUND TO BE WI THOUT OF ANY MERIT SINCE STILL THE SAME IS HAVING TAX EFFECT BELOW PRESCRIBED LIMIT AS ON DATE IN TERMS OF CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 AND HENCE DISMISSED . 3. IN THE RESULT, MISC. APPLICATION FILED BY THE RE VENUE IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 25/06/2021 SD/- SD/ - (AMARJIT SINGH) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 25/06/2021 TANMAY, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A). 5. , ! ' , #$%% / DR, ITAT, RAJKOT 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) !, #$ / ITAT, RAJKOT 1. DATE OF DICTATION 04/06/2021. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 07/06/2021 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 25 /06/2021 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S /06/2021 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 25 /06/2021 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER