The DCIT, Circle 3(3), , Ahmedabad V. Smt. Savitridevi O Jain, Ahmedabad

MA 319/AHD/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6017 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-04-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 27-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER M.A NO.319/AHD/2019 IN ./ ITA NO.2234/AHD/2017 / ASSTT. YEAR: 2011-2012 D.C.I.T., CIRCLE-3(3), AHMEDABAD. VS. SMT. SAVITRIDEVI O JAIN, C/54, VISHAL RESIDENCY, NR. RAMDEVNAGAR, SATELLITE, AHMEDABAD-380054 PAN: AAKPJ8758M (APPLICANT) (RESPONDENT) REVENUE BY : SHRI RAJDEEP SINGH, SR.D.R ASSESSEE BY : SHRI ASEEM THAKKAR, A.R /DATE OF HEARING : 19/03/2021 /DATE OF PRONOUNCEMENT: 16/04/2021 / O R D E R PER MAHAVIR PRASAD, JUDICIAL MEMBER: THIS MISCELLANEOUS APPLICATION HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ITAT ORDER IN ITA NO.2234/AHD/2017 DATED 15/05/2019 FOR THE ASSESSMENT YEAR 2011-2012 2. IN THIS CASE THE REVENUE HAS STATED THAT ADDITION U/S.68 OF THE ACT, WAS MADE BY THE AO DISALLOWING THE CLAIM OF EXEMPTION OF LTCG OF RS.63,83,905/- AS THE ASSESSE HAS TAKEN ACCOMMODATION ENTRY IN RESPECT OF PENNY STOCK SCRIP NOUVEA M.A NO.319/AHD/2019 IN ITA NO.2234/AHD/2017 ASSTT. YEAR 2011-2012 2 GLOBAL VENTURES LTD THEREFORE, THE ISSUE IS COVERED BY THE EXCEPTION AS MENTIONED IN THE AMENDED CIRCULAR DATED 06/09/2019, THEREFORE, ITAT ORDER REQUIRED TO BE DISPOSED OFF ON MERIT AS THE ISSUE IS COVERED BY EXCEPTION AS PER THE AMENDED CBDT CIRCULAR NO.23 OF 2019. THUS CBDT HAS AMENDED ITS CIRCULAR AND ISSUED NEW CIRCULAR BEARING NO.23 OF 2019 VIDE F.NO.279/MISC./M-93/2018-ITJ(PT) DATED 06/09/2019 IN WHICH THE CBDT HAS INCUDED ONE MORE PROVISO AS FOLLOWS: ANY CIRCULAR ISSUED U/S.268 SPECIFYING MONETARY LIMITS FOR FILLING OF DEPARTMENTAL APPEALS BEFORE INCOME TAX APPELLATE TRIBUNAL (ITAT), HIGH COURTS AND SLPS/APPEALS BEFORE SUPREME COURT, APPEALS MAY EB FILED ON MERITS AS AN EXCEPTION TO SAID CIRCULAR, WHERE BOARD, BY WAY OF SPECIAL ORDER DIRECT FILING OF APPEAL ON MERIT INCASES INVOLVED IN ORGANIZED TAX EVASION ACITIVITY 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RELEVANT MATERIALS AVAILABLE ON RECORD. WE CONQUER WITH THE ARGUMENT OF LD.D.R THAT THE CASE WHICH WAS DECIDED BY US ON 15/05/2019 IS COVERED BY THE ABOVE CIRCULAR AND THIS CASE REQUIRED TO BE DECIDED ON MERIT. 4 IN VIEW OF THE ABOVE WE RECALL THE ITAT ORDER IN ITA NO.2234/AHD/2017 DATED 15/05/2019. IN THE RESULT MISCELLANEOUS APPLICATION FILED BY THE DEPARTMENT IS ALLOWED AND REGISTRY IS DIRECTED TO FIX THIS APPEAL IN REGULAR MANNER UNDER INTIMATION TO BOTH THE PARTIES. ORDER PRONOUNCED IN THE COURT ON 16/04/2021 AT AHMEDABAD. SD/- SD/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER (TRUE COPY) AHMEDABAD; DATED 16/04/2021 MANISH