ITO, Ward-3(2)(1), Ahmedabad V. Shri Dilipbhai Bhurabhai Barad, Ahmedabad

MA 31/AHD/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9960 (ITAT-AHMEDABAD)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-01-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 04-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD ( THROUGH VIRTUAL COURT ) BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER MA NO.31/AHD/2020 (IN ./ITA NO.27/AHD/2018) ( / ASSESSMENT YEAR : 2014-15) THE ITO WARD-3(2) AHMEDABAD / VS. SHRI DILIPBHAI BHURABHAI BARAD 16, RAJPUT VAS AT BOL TAL, SANAND DIST. AHMEDABAD ./ ./ PAN/GIR NO. ANYPB 0201 D ( / APPLICANT ) .. ( / RESPONDENT ) / APPLICANT BY : SHRI S.S. SHUKLA, SR.DR / RESPONDENT BY : - / DATE OF HEARING 18/12/2020 !'# / DATE OF PRONOUNCEMENT 01/01/2021 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: BY THIS MISCELLANEOUS APPLICATION, THE REVENUE HAS REQUESTED FOR RECALLING OF THE COMMON ORDER DATED 27/08/2019 PASS ED BY THE ITAT AHMEDABAD BENCH C( IN ITA NO. 48/AHD/2015 FOR AY 2011-12 AND 18 OTHER APPEALS AND COS) , DISMISSING APPEAL IN ITA NO.27/AHD/2018 FOR AY 2014-15 OF THE DEPARTMENT DUE TO TAX EFFECT. MA NO.31/AHD/2020 (IN ITA NO.27/AHD/2018) ITO VS. DILIPBHAI BHURABHAI BARAD ASS T.YEAR 2014-15 - 2 - 2. REVENUE IN THE MA PLEADED THAT TAX EFFECT INVOLV ED IN THE APPEAL OF THE DEPARTMENT IS MORE THAN RS.50 LAKHS AND NOT HIT BY THE CBDT CIRCULAR NO. 17/2019, WHICH WAS RELIED BY THE TRIBU NAL WHILE DISMISSING THE ABOVE APPEAL OF THE REVENUE IN A SUMMARILY MANN ER. IT IS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS AGAI NST DELETION OF ADDITION OF RS.1,59,00,000/- BY THE CIT(A) ON ACCOUNT OF UNEX PLAINED CASH CREDIT U/S.68 OF THE ACT. IN FACT, THE GROUND RAISED BY THE REVENUE IN ITS APPEAL IS THAT THE LD.CIT(A) HAS ERRED IN DELETING THE ADD ITION OF RS.1,59,00,000/- MADE ON ACCOUNT OF DISALLOWANCE U /S.68 OF THE ACT. IT IS, THEREFORE, PRAYED FOR RESTORATION OF REVENUES APPEAL WHICH WAS DISMISSED BY THE TRIBUNAL DUE TO LOW TAX EFFECT FOR THE ADJUDICATION OF THE SAME ON MERIT. 3. ON DUE CONSIDERATION OF FACTS AND RECORD, WE AR E OF THE VIEW THAT TAX CALCULATION SHOWN BY THE DEPARTMENT IN THE MA REQUI RES CONSIDERATION AT THE END OF THE TRIBUNAL, AND THEREFORE, WE ARE INCL INED TO RECALL THE IMPUGNED ORDER OF THE TRIBUNAL PASSED QUA ITA NO.27/AHD/2018 FOR AY 2014-15. THUS, COMMON ORDER OF THE TRIBUNAL DATED 27/08/2019(SUPRA) IS HEREBY RECALLED AND REVENUES APPEAL IS RESTORED TO ITS ORIGINAL NUMBER FOR HEARING ON 25/02/2021 . T HE REGISTRY IS DIRECTED TO FIX THE REVENUES APPEAL IN ITA NO.27/AHD/2018 FOR AY 2014- 15 ON 25/02/2021 AFTER ISSUING NOTICE TO BOTH THE PARTIES. MA NO.31/AHD/2020 (IN ITA NO.27/AHD/2018) ITO VS. DILIPBHAI BHURABHAI BARAD ASS T.YEAR 2014-15 - 3 - 4. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 01/01/2021 SD/- SD/- ( RAJPAL YADAV ) ( WASEEM AHMED ) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD; DATED 01/01/2021 &.., .(.. / T.C. NAIR, SR. PS !'#' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPLICANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-3, AHMEDABAD 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION 23.12.2020 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 23.12.2020 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 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.01/01/2021 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 01/01/2021 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