ITO, Ward-3(3)(10), Ahmedabad V. Haresh Dahyalal Modi-HUF, Ahmedabad

MA 314/AHD/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7655 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-04-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 12-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I AMARJIT SINGH , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER THE IT O , WARD - 3(3) , AHMEDABAD (APPELLANT) VS HARESH DAHYALAL MODI HUF, AHMEDABAD PAN: AADHH4365N (RESPONDENT) REVENUE BY : S H RI LALIT P. JAIN , SR. D . R. ASSESSEE B Y: NONE DATE OF HEARING : 15 - 02 - 2 019 DATE OF PRONOUNCEMENT : 02 - 04 - 2 019 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVE NUE AG AINST THE ORDER OF ITAT VIDE ITA NO. 1335/AHD/2018 DATED 31 ST JULY, 2018 IN THE CASE OF H ARESH DA H Y ALAL MODI HUF. IT IS SUBMITTED IN THE MISCELLANEOUS APPLICATION THAT THE APPEAL OF THE REVENUE BY THE AFORE SAID ITAT ORDER WAS DISMISSED ON ACCOUNT OF LOW TAX EFFECT BY REFERRING CBDT CIRCULAR NO. 3/2018 DATED 11ST JULY, 2018. HOWEVER, IN THIS CASE, THE TOTAL TAX EFFECT IS RS. 47 , 10 , 049/ - WHICH IS MORE THAN THE LIMIT PRESCRIBED BY THE BOARD. MA NO. 314/AHD/2018 (IN I T A N O . 1335 / A HD/20 18) A SS ESSMENT YEAR 2012 - 13 M.A.NO. 314/AHD/2018 ( I.T.A NO. 1335 /AHD/20 18 ) A.Y. 2012 - 13 PAGE NO IT O VS. HARESH D. MODI HUF 2 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PE RUSED THE MATERIAL ON RECORD CAREFULLY AND NOTICED THAT THAT AS PER THE SUBMISSION THE TAX EFFECT IN THIS CASE EXCEEDS THE MONETARY LIMIT OF RS.20 LACS FIXED BY THE AFORESAID CBDT CIRCULAR. WE HAVE ALSO CONSIDERED THAT IN PARA 2 OF THE AFORESAID ITAT ORDE R AT THE TIME OF ADJUDICATION , IT WAS STATED THAT IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL BECAUSE OF INAPPLICABILITY OF THE AFORESAID CBDT CIRCULAR ON ACCOUNT OF ANY EXCEPTION OR FOR ANY OTHER REASONS. IN THE LIGHT OF THE ABOVE FAC TS AND CIRCUMSTANCES, WE RECALL THE AFORESAID ORDER OF THE ITAT AND DIRECT THE REGISTRY TO FIX THIS CASE FOR HEARING IN DUE COURSE TO ITS ORIGINAL NO. 3. IN THE RESULT, THE MA OF THE REVENUE IS ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OUR T ON 02 - 04 - 201 9 SD/ - SD/ - ( MADHUMITA ROY ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 02 /04 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. D R, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,