The ITO, Ward-3(2)(7), Ahmedabad V. Shri Gautambhai Babarbhai Patel, Ahmedabad

MA 374/AHD/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8687 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-03-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 10-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Assessee Lawyers: GUNJAN SHAH
• Keywords: Rectification of order; Tax effect
• Section: 13

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SMT. MADHUMITA ROY, JUDICIAL MEMBER MISCELLANEOUS APPLICATION NO. 374/AHD/2019-AY 2012- 13 ( IN I.T.A. NO. 1807/AHD/2016-AY 2012-13 ) ITO WARD 3(2)(7), AHMEDABAD / VS. SHRI GAUTAMBHAI BABARBHAI PATEL 1, LAXMIKUNJ SOCIETY, ISANPUR VATVA ROAD, ISANPUR, AHMEDABAD 382443 / / PAN/GIR NO. : AKNPP4848G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI L. P. JAIN, SR.D.R. / RESPONDENT BY : GUNJAN SHAH, A.R. / DATE OF HEARING 19/03/2021 !'# / DATE OF PRONOUNCEMENT 23/03/2021 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED MISCELLANEOUS APPLICATION HAS BEEN FI LED AT THE INSTANCE OF REVENUE SEEKING RECTIFICATION OF ORDER DATED 03.09.2019 PASSED BY THE TRIBUNAL UNDER S. 254(1) OF THE ACT. M.A. NO. 374/AHD/2019 [ITO VS. SHRI GAUTAMBHAI B. PATEL] A.Y. 2012-13 - 2 - 2. WHEN THE MATTER WAS CALLED FOR HEARING, THE LEAR NED DR FOR THE REVENUE IN ITS MISCELLANEOUS APPLICATION POINTE D OUT THAT THE APPEAL OF THE REVENUE WAS DISMISSED ON THE GROUND O F LOW TAX EFFECT UNDER THE SHELTER OF CBDT CIRCULAR NO.17 OF 2019 DA TED 08/08/2019. IT WAS, HOWEVER, POINTED OUT THAT THE TAX EFFECT STANDS AT RS.55,92,833/- FOR THE AY 2012-13 IN QUESTION AN D THEREFORE, THE RELIEF AVAILABLE BY THE CBDT CIRCULAR IS NOT APPLIC ABLE TO THE ASSESSEE HEREIN. 3. THE LEARNED COUNSEL FOR THE ASSESSEE DID NOT REB UT THE AVERMENTS MADE ON BEHALF OF THE REVENUE AND FAIRLY ADMITTED THE TAX EFFECT EXCEEDING RS.50 LAKHS AS CLAIMED BY THE REVENUE. IN THE WAKE OF SUCH ASSERTION, THE PREMISE FOR DISMISSAL O F REVENUES APPEAL ON THE BASIS OF CBDT CIRCULAR DOES NOT EXIST AND CONSEQUENTLY, THE APPEAL OF THE REVENUE IS REQUIRED TO BE RESTORED FOR REGULAR HEARING IN ORDINARY COURSE ON MERITS. 4. IN CONSULTATION WITH THE PARTIES CONCERNED THE R EGULAR HEARING OF THE SUBSTANTIVE APPEAL IS FIXED ON 10.05.2021 FO R WHICH REQUIREMENT OF NOTICE HAS BEEN WAIVED BY THE PARTIE S CONCERNED. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS ALLOWED. SD/- SD/- (MADHUMITA ROY) (PRADIP KUMAR KED IA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 23/03/2021 TRUE COPY S. K. SINHA ! / COPY OF ORDER FORWARDED TO:- & / REVENUE THIS ORDER PRONOUNCED IN OPEN COURT ON 23/03/202 1 M.A. NO. 374/AHD/2019 [ITO VS. SHRI GAUTAMBHAI B. PATEL] A.Y. 2012-13 - 3 - 2 / ASSESSEE ( ) *+ , / CONCERNED CIT 4 ,- / CIT (A) / 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7 289 : / GUARD FILE. BY ORDER / 4 / 5 *+#4 56)