The , ITO, Ward-2(3)(8), Surat, Surat V. Shri Rajendra Sohanlal Jain, Surat

MA 35/SRT/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9451 (ITAT-SURAT)
• Duration Of Justice: 1 year(s) 8 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 15-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM MA NO.35/SRT/2019 [ARISING OUT OF ITA NO.1551/AHD/2017/SRT] ASSESSMENT YEAR: (2014-15) (VIRTUAL COURT HEARING) INCOME TAX OFFICER, WARD-2(3)(8), SURAT VS. SHRI RAJENDRA SOHANLAL JAIN, PROP. AVI EXPORTS, 302, NISHIT DIAMOND COMPLEX, GUJJAR FALIA, MAHIDHARPURA, SURAT-395 003. ./ ./ PAN/GIR NO.: ABIPJ5587A (REVENUE) (ASSESSEE) ASSESSEE BY : NONE. REVENUE BY : MS ANUPAMA SINGLA - SR. DR / DATE OF HEARING : 11/12/2020 /DATE OF PRONOUNCEMENT : 05/01/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: BY WAY OF CAPTIONED APPLICATION, THE REVENUE HAS SOUGHT TO POINT OUT THAT A MISTAKE APPARENT FROM RECORD WITHIN THE MEANING OF SECTION 254(2) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) HAS CREPT IN THE ORDER OF THE TRIBUNAL DATED 31.08.2018. 2. THE CASE OF THE REVENUE IN THIS MISCELLANEOUS APPLICATION IS THAT THE INSTANT APPEAL WAS FILED AGAINST THE COMPOSITE ORDER OF LD. CIT(A) FOR A.Y. 2008-09 TO 2014- 15 AND AS PER PARA 5 OF CBDT'S NEW CIRCULAR THIS APPEAL SHOULD SURVIVE. FURTHER, APPEAL FILED BEFORE ITAT ON THE SAME ISSUE FOR AYS. 2008-09, 2009-10, 2011-12, 2012-13 AND 2013-14 ARE STILL PENDING DUE TO THE FACT THAT THE TAX EFFECT IS MORE THAN MONITORY LIMIT PRESCRIBED BY BOARD. THEREFORE, AS PER THE PARA 5 OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018, THE APPEALS FOR THE A.Y. 2014-15, SHOULD ALSO SURVIVE IN SPITE OF THE FACT OF LOW TAX EFFECT IN THIS YEAR. FURTHER, TO MAINTAIN CONSISTENCY OF ALL ASSESSMENT YEARS AND KEEP THE ISSUE ALIVE, AND PROTECT THE INTEREST OF REVENUE IT IS REQUIRED TO FILE MISCELLANEOUS APPLICATION BEFORE THE HON'BLE ITAT. 3. LEARNED DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE CONTENDED BEFORE THE BENCH THAT SINCE THE LD. CIT(A) HAS PASSED THE COMPOSITE ORDER, THEREFORE TAKING PAGE | 2 MA NO.35/SRT/2019 ASSESSMENT YEAR.2014-15 RAJENDRA SOHANLAL JAIN INTO ACCOUNT THE COMPOSITE ORDER, THE TAX EFFECT IS MORE THAN THE PRESCRIBED MONETARY LIMIT IN THE CBDT CIRCULAR NO.03/2018 DATED 11.07.2018. THEREFORE, ORDER OF THE TRIBUNAL SHOULD BE RECALLED. 4. ON THE OTHER HAND, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT AS PER THE LATEST CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, THERE IS NO CONCEPT OF COMPOSITE ORDER AND REVENUES APPEAL FALLS IN THE AMBIT OF TAX EFFECT AS PER THE SAID LATEST CIRCULAR OF CBDT. THEREFORE, THE REVENUES MISCELLANEOUS APPLICATION SHOULD BE DISMISSED. 5. WE HAVE HEARD BOTH THE PARTIES AND CAREFULLY GONE THROUGH THE SUBMISSIONS PUT FORTH ON BEHALF OF THE ASSESSEE ALONG WITH THE DOCUMENTS FURNISHED. WE NOTE THAT AS PER THE LATEST CIRCULAR OF CBDT, VIDE CIRCULAR NO.17/2019 DATED 08.08.2019, THERE IS NO CONCEPT OF COMPOSITE ORDER. EACH ASSESSMENT YEAR IS A SEPARATE UNIT AND THE TAX EFFECT IS TO BE COMPUTED ASSESSMENT YEAR-WISE, THEREFORE THE REVENUES MISCELLANEOUS APPLICATION IS NOT MAINTAINABLE AND IS HEREBY DISMISSED. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION (IN MA NO. 35/SRT/2019 FOR AY.2014-15) FILED BY THE REVENUE IS DISMISSED. ORDER IS PRONOUNCED ON 05/01/2021, AS PER RULE 34 OF INCOME TAX APPELLATE TRIBUNAL, RULE 1963. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER LWJR /SURAT / DATE: 05/01/2021 SAMANTA, PS 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 // TRUE COPY // ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT