DCIT, Circle-1(1) (1), Surat V. Anushree Sarees Pvt. LTD., Surat

MA 29/SRT/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0658 (ITAT-SURAT)
• Duration Of Justice: 1 year(s) 4 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-07-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 28-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: VINAY DOSHI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM MA NO.29/SRT/2020 [ARISING OUT OF ITA NO.1682/AHD/2017] ASSESSMENT YEAR: (2013-14) (VIRTUAL COURT HEARING) DY. COMMISSIONER OF INCOME-TAX, CIRCLE-1(1)(1), ROOM NO.108, AAYKAR BHAVAN, MAJURA GATE, SURAT - 395001 VS. M/S. ANUSHREE SAREES PVT. LTD. D-5409, RAGHUKUL TEXTILE MARKET, RING ROAD, SURAT - 395002 ./ ./ PAN/GIR NO.: AAGCA5772J (REVENUE) (ASSESSEE) REVENUE BY : MS ANUPAMA SINGLA - SR. DR ASSESSEE BY : SHRI VINAY DOSHI CA / DATE OF HEARING : 16/07/2021 /DATE OF PRONOUNCEMENT : 16/07/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: BY WAY OF CAPTIONED APPLICATION, THE REVENUE HAS PRAYED FOR RECALLING OF THE ORDER DATED 23.08.2019 PASSED BY THIS TRIBUNAL IN ITA NO. 1682/AHD/2017 FOR A.Y. 2013-14. 2. AT THE OUTSET, THE LEARNED DR FOR THE REVENUE SUBMITTED BEFORE THE BENCH THAT THE TAX EFFECT INVOLVED IN ASSESSEES CASE IS RS.54,15,416/- WHICH EXCEEDS THRESHOLD LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL. THEREFORE, LEARNED DR SUBMITS THAT TAX EFFECT IN ASSESSES CASE IS MORE THAN THE MONETARY LIMIT PRESCRIBED BY THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018. HENCE, ORDER OF THE TRIBUNAL MAY BE RECALLED. 3. ON THE OTHER HAND, LEARNED COUNSEL FOR THE ASSESSEE HAS FAIRLY AGREED THAT SINCE THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED BY THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018. THEREFORE, ORDER OF THE TRIBUNAL MAY BE RECALLED. PAGE | 2 MA NO.29/SRT/2020 ASSESSMENT YEAR.2013-14 ANUSHREE SAREES PVT. LTD. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND MERIT IN THE SUBMISSION OF THE LEARNED DR FOR THE REVENUE THAT TAX EFFECT IN ASSESSEES APPEAL IS MORE THAN THE MONETARY LIMIT PRESCRIBED BY THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018. THEREFORE, WE RECALL THE ORDER OF THE TRIBUNAL DATED 23.08.2019 AND REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 28.09.2021 . ISSUANCE OF SEPARATE NOTICE FOR HEARING IS DISPENSED WITH AS THE DATE OF HEARING HAS BEEN ANNOUNCED IN OPEN COURT. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION (IN MA NO.29/SRT/2020 FOR AY.2013-14) FILED BY THE REVENUE IS ALLOWED. ORDER IS PRONOUNCED ON 16/07/2021 AT THE TIME OF VIRTUAL COURT HEARING. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER LWJR /SURAT / DATE: 16/07/2021 SKS TRUE COPY COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT