The ACIT, (CENTRAL)-1, Indore V. M/s. Prakash Ashphlting & Too Highway Ltd., Indore

MA 30/Ind/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7177 (ITAT-INDORE)
• Duration Of Justice: 7 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 27-09-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 07-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINEET A D UB E
• Assessee Lawyers: ARPIT GUAR CAS
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

MA 30 OF 2019 ACIT VS. PRAKASH ASPHALTING AND TOLL HIGHWAYS 1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, HONBLE JUDICIAL MEMBER & SHRI MANISH BORAD, HONBLE ACCOUNTANT MEMBER ACIT, CENTRAL-1, INDORE VS. M/S. PRAKASH ASPHALTING & TOLL HIGHWAYS LTD., MHOW PAN AABCP 0398 N APPLICANT RESPONDENT APPLICANT BY SMT. VINEETA DUBE , SR. DR RESPONDENT BY SHRI ANIL KAMAL GARG & SHRI ARPIT GUAR, CAS DATE OF HEARING 27.09.2019 DATE OF PRONOUNCEMENT 28.10.2019 / O R D E R PER SHRI KUL BHARAT, JM THIS MISCELLANEOUS APPLICATION U/S 254(2) OF THE IN COME TAX ACT HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL PASSED ON 25.4.2018. 2. LD. SR. DR SUBMITTED THAT THE TRIBUNAL VIDE ORDE R DATED 25.4.2018 DECIDED THE DEPARTMENTAL APPEAL AND WHILE DECIDING THE SAME, THE TRIBUNAL HAD NOT, INADVERTENTLY, ADJUDICATED THE GR OUND RAISED BY THE REVENUE IN RESPECT OF DELETION OF ADDITIONS OF STAF F WELFARE EXPENSE AT RS.2 LACS AND SITE EXPENSES AT RS. 2.50 LACS. HOWEV ER, AT THE OUTSET, LD. SR. DR ALSO POINTED OUT THAT NOW THE CBDT, VIDE CIR CULAR 17/2019 DATED MA NO.30/IND/2019 (ARISING OUT OF ITA NO.227/IND/2017) ASSESSMENT YEAR: 2010-11 MA 30 OF 2019 ACIT VS. PRAKASH ASPHALTING AND TOLL HIGHWAYS 2 08.8.2019, REVISED THE MONETARY LIMIT TO RS.50 LACS IN PLACE OF RS.20 LACS, THEREFORE, PRESENT DEPARTMENTAL MA HAS NOW BE COME INFRUCTUOUS AS THE RELEVANT DEPARTMENTAL APPEALS HAS TAX EFFECT BELOW RS.50 LACS. ON THE OTHER HAND, LD. COUNSEL FOR THE ASSESSEE ALS O SUBMITTED THAT IN VIEW OF THE AFORESAID CIRCULAR OF THE CBDT, THE PRE SENT MA HAS NOW BECOME INFRUCTUOUS. 3. HAVING GONE THROUGH THE RIVAL SUBMISSIONS AND MA TERIAL AVAILABLE ON RECORD, WE ARE OF THE VIEW THAT PRESENT DEPARTME NTAL MA HAS NOW BECOME INFRUCTUOUS AS THE CBDT HAS, VIDE CIRCULAR 1 7/2019 DATED 08.8.2019, REVISED THE MONETARY LIMIT TO RS.50 LACS IN PLACE OF RS.20 LACS. 4. IN RESULT, THE MA FILED BY THE REVENUE IS DISMIS SED AS INFRUCTUOUS. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 28.10.201 9. SD/- (MANISH BORAD) ACCOUNTANT MEMBER SD/- (KUL BHARAT) JUDICIAL MEMBER DATED: 28.10.2019 !VYAS! COPY TO: APPELLANT / RESPONDENT / CONCERNED PR. CIT(A) / CONCERNED PR. CIT / DR, INDORE