THE DCIT, CIR.-1, RAJKOT V. SHRI RAMJIBHAI K. SHIYANI, RAJKOT

MA 28/RJT/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9480 (ITAT-RAJKOT)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 28-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S S RATHI
• Keywords: Block assessment; 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.28/RJT/2020 (IN MA NO. 21/RJT/2006) (ARISE OUT OF IT(SS)A NO. 11/RJT/2003) (ASSESSMENT YEAR IN BLOCK PERIOD: 01.04.1987 TO 14. 10.1997) ACIT CIRCLE-1(1), RAJKOT VS. SHRI RAMJIBHAI K. SHIYANI, OM, NEAR BHOMESHWAR TEMPLE, STREET NO. 15, JAGRUTI SHRAMJIVI SOCIETY, RAJKOT [PAN NO. AFXPS1453D] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI VIMAL DESAI, A.R. RESPONDENT BY : SHRI S. S. RATHI, SR. D.R. DATE OF HEARING 05/01/2021 DATE OF PRONOUNCEMENT 06/01/2021 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT MISCELLANEOUS APPLICATION HAS BEEN FILE D BY THE REVENUE WITH A PRAYER FOR RECALLING OF THE COMBINED ORDER DATED 20 .08.2019 PASSED BY THE HONBLE TRIBUNAL SO FAR IT RELATES TO IT(SS)A NO. 11/RJT/20 03 PREFERRED BY THE REVENUE WHEREBY AND WHEREUNDER THE SAID APPEAL HAS BEEN DIS MISSED DUE TO LOW TAX EFFECT. 2. THE TAX EFFECT INVOLVED IN THE SAID APPEAL PREFE RRED BY THE DEPARTMENT WAS LESS THAN THE PRESCRIBED THRESHOLD LIMIT OF RS. 50 LAKHS AS OF THE OBSERVATION OF THE LD. TRIBUNAL AND THUS THE MATTER WAS DISMISSED. THE BL OCK ASSESSMENT ORDER OF THE BLOCK PERIOD FROM 01.04.1987 TO 14.10.1997 WAS PASSED BY THE AO ON 30.10.1999 WHICH - 2 - MA N O.28/RJT/2020(ARISE OUT OF IT(SS)A NO.11/R/03) ACIT VS. SHRI RAMJIBHAI K. SHIYANI ASST.YEAR BLOCK PERIOD FROM 01.04.1987 TO 14.10.1 997 WAS APPEALED AGAINST. THE LD. CIT(A) FINALLY DECID ED THE APPEAL AGAINST THE SAID BLOCK ASSESSMENT ORDER ON DATED 28.01.2003 WHICH WA S AGAIN APPEALED AGAINST BEFORE US. HOWEVER, IT APPEARS THAT THE TOTAL TAX EFFECT TAKING INTO CONSIDERATION THE TAX EFFECT INVOLVED IN THE ORIGINAL ITATS ORDER DATED 02.12.2 005(IT(SS)A NO. 11/RJT/2003) OF RS. 4,58,050/- AND IN THE M.A. FILED BY THE DEPARTM ENT BEING M.A. NO. 21/RJT/2006 OF RS. 58,99,760/- COMES TO RS. 63,57,810/- I.E. MORE THAN 50 LAKHS. IN VIEW OF SUCH CIRCUMSTANCES THE DISMISSAL OF THE APPEAL DUE TO L OW TAX EFFECT IS AN ERROR APPARENT ON THE FACT OF THE RECORDS THE SAID ORDER IS TO BE REC ALLED SO FAR IT RELATES TO THE APPELLANT BEFORE US IN THE APPEAL BEING NO. IT(SS)A 11/RJT/20 03 (DCIT-RAJKOT VS. SHRI RAMJIBHAI K. SHIYANI). HENCE, THE ORDER IS RECALLE D. THE REGISTRY IS DIRECTED TO KEEP THE MATTER ON BOARD FOR HEARING ON 12.01.2021 UPON GIVING NOTICE TO RESPECTIVE PARTIES. 3. IN THE RESULT, MISC. APPLICATION IS, THUS, ALLOW ED. THIS ORDER PRONOUNCED IN OPEN COURT ON 06/01/2021 SD/- SD/- (AMRJIT SINGH) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 06/01/2021 TANMAY, SR.PS TRUE COPY / 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 / %*+ *, / ( DY./ASSTT.REGISTRAR) , ,-. / ITAT, RAJKOT