The ACIT, Circle-2, RAJKOT-GUJARAT V. M/s. Friends Land Developments Co., RAJKOT-GUJARAT

MA 28/RJT/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7092 (ITAT-RAJKOT)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 07-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: MJ RANPURA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI N.R.S. GANESA N (JM) M.A. NO.28/RJT/2011 (ARISING OUT OF I.T.A. NO.468/RJT/2011) (ASSESSMENT YEAR 2004-05) ACIT, CIR.II VS M/S FRIENDS LAND DEVELOPMENT CO RAJKOT PRASHAM, 3 RD FLOOR NEAR DHARMA CINEMA OPP MOHANBHAI HALL KASTURBA GANDHI ROAD, RAJKOT PAN : AAAFF4174E (APPELLANT) (RESPONDENT) APPLICANT BY : SHRI MK SINGH RESPONDENT BY: SHRI MJ RANPURA DATE OF HEARING : 26-08-2011 DATE OF PRONOUNCEMENT : 30-08-2011 O R D E R PER N.R.S. GANESAN, JM THE REVENUE HAS FILED THE MISCELLANEOUS APPLICATIO N ON THE GROUND THAT THE APPEAL OF THE REVENUE WAS DISMISSED ON THE GROU ND OF MONETARY LIMIT. 2. SHRI MK SINGH, THE LD.DR SUBMITTED THAT THE MONE TARY LIMIT FIXED BY THE CBDT IS NOT APPLICABLE FOR THE PENDING MATTERS. TH EREFORE, DISMISSAL OF THE APPEAL ON THE GROUND OF MONETARY LIMIT MAY NOT BE C ORRECT. 3. ON THE CONTRARY, SHRI MJ RANPURA, THE LD.REPRESE NTATIVE FOR THE ASSESSEE SUBMITTED THAT THE BOMBAY HIGH COURT IN THE CASE OF CIT VS PITHWA ENGG WORKS 276 ITR 519 (BOM) HELD THAT THE MONETARY LIMIT FIXE D BY CBDT IS APPLICABLE EVEN TO THE PENDING MATTERS. MA NO.28/RJT/2011 2 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAV E ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE LATEST CIRCULAR OF THE CBDT INSTRUCTS ALL OFFICERS OF THE INCOME-TAX DEPARTMENT NOT TO FILE APPEAL BEF ORE THE TRIBUNAL WHEREVER THE TAX EFFECT IS LESS THAN RS.3 LAKHS. IN THE EARLIER CIRCULAR THE MONETARY LIMIT WAS RS.2 LAKHS. NO DOUBT, THE LATEST CIRCULAR SAYS THA T IT IS APPLICABLE FROM 09-02- 2011. THE EARLIER CIRCULAR ALSO FIXED A SIMILAR TI ME LIMIT. THE BOMBAY HIGH COURT IN THE CASE OF CIT VS PITHWA ENGG WORKS (SUPRA) HAD AN OCCASION TO CONSIDER THE EARLIER CIRCULAR IN THE CASE OF CIT VS PITHWA ENGG WORKS (SUPRA) AND AFTER CONSIDERING THE SIMILAR CLAUSE FOUND IN THE EARLIER CIRCULAR, HELD THAT THE CIRCULAR IS APPLICABLE EVEN FOR THE PENDING MATTERS. SINCE IDE NTICAL CLAUSE WAS FOUND IN THE LATEST CIRCULAR, IN OUR OPINION, THE JUDGMENT OF TH E BOMBAY HIGH COURT IN THE CASE OF CIT VS PITHWA ENGG WORKS (SUPRA) IS APPLICABLE F OR THE LATEST CIRCULAR ALSO. THEREFORE, THE LATEST CIRCULAR IS APPLICABLE FOR AL L PENDING MATTERS. 5. IN VIEW OF THE ABOVE, THERE IS NO ERROR, MUCH LE SS A PRIMA FACIE ERROR, IN THE ORDER OF THE TRIBUNAL. THEREFORE, THE APPLICATION O F THE REVENUE HAS NO MERIT AT ALL. ACCORDINGLY THE SAME IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30-08-2011. SD/- SD/- (A.L. GEHLOT) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT, DT : 30 TH AUGUST, 2011 PK/- COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT(A)-II, RAJKOT 4. THE CIT-I, RAJKOT 5. THE DR, I.T.A.T., RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT