The Addl.CIT, Range-5, Ahmedabad V. M/s. Nandan Exim Ltd., Ahmedabad

MA 41/AHD/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1125 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 02-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K DEV
• Assessee Lawyers: T P HEMANI
• Keywords: Tax effect

Judgement Text

MA NO. 41/AHD/2018 ACIT VS. NANDAN EXIM LTD ASSESSMENT YEAR: 2011-12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR, AM AND MS. MADHUMITA ROY, JM] M.A. NO.41/AHD/2018 (IN ITA NO. 1365/AHD/2015) ASSESSMENT YEAR: 2011-12 JOINT COMMISSIONER OF INCOME-TAX (OSD) ....... ...........APPLICANT CIRCLE-3(1)(1), AHMEDABAD VS. NANDAN EXIM LTD ............................RESPONDENT SURVEY NO. 198/1, SAIJPUR-GOPALPUR, PIRANA ROAD, PIPLEJ, AHMEDABAD-382405 [PAN : AAACN 5327 L] APPEARANCES BY: SK DEV, FOR THE APPLICANT TP HEMANI, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 07.09.2018 DATE OF PRONOUNCING THE ORDER : 17.09.2018 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPLICATION, THE APPLICANT ASSESS ING OFFICER POINTS OUT AN ALLEGED MISTAKE APPARENT ON RECORD IN OUR ORDER DAT ED 25 TH SEPTEMBER, 2017 SUMMARILY DISMISSING THE APPEAL FILED BY THE ASSESS ING OFFICER ON THE GROUND THAT TAX INVOLVED IN THE DEPARTMENTAL APPEAL WAS LESS TH AN RS.10 LACS. 2. IN THE PRESENT APPLICATION, IT IS CONTENDED THAT THE ACTUAL TAX INVOLVED IN THE APPEAL WAS RS.10,72,022/-, AND, FOR THIS REASON, TH AT THE APPEAL COULD NOT HAVE BEEN SUMMARILY DISMISSED ON ACCOUNT OF TAX EFFECT BEING LESS THAN RS.10 LACS. THE APPLICATION SETS OUT CALCULATION OF THE TAX EFFECT AS WELL. 3. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, LEARN ED DEPARTMENTAL REPRESENTATIVE FAIRLY ACCEPTED THE FACT THAT THE MO NETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL IS NOW ENHANCED TO RS.20 LACS BY VIRT UE OF CBDT CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018; AND, IN THIS VIEW OF THE MATTER, NO PU RPOSE WILL BE SERVED BY THE RECALL OF OUR ORDER (SUPRA) DISMISSING THE APPE AL SUMMARILY. IN OTHER WORDS, AS LONG AS THE TAX EFFECT INVOLVED IN APPEAL IS LESS T HAN RS.20 LACS, THE APPEAL IS NOT MAINTAINABLE AT PRESENT ANYWAY. 4. WE FIND THAT, AS LEARNED REPRESENTATIVES FAIRLY AGREE, THE MONETARY LIMIT FOR FILING OF DEPARTMENTAL APPEALS AS ON NOW STANDS ENH ANCED TO RS.20 LACS. IN EFFECT, MA NO. 41/AHD/2018 ACIT VS. NANDAN EXIM LTD ASSESSMENT YEAR: 2011-12 PAGE 2 OF 2 THUS, AS LONG AS THE TAX EFFECT INVOLVED IN A DEPAR TMENTAL APPEAL IS LESS THAN RS.20 LACS, THE APPEAL IS NORMALLY NOT MAINTAINABLE BEFOR E THIS TRIBUNAL. THIS ENHANCEMENT IN THE MONITORY LIMIT APPLIES WITH RETROSPECTIVE EF FECT INASMUCH AS IT APPLIES TO THE PENDING APPEALS AS WELL. IN THIS VIEW OF THE MATTE R, THE APPEAL IN QUESTION AS ON NOW IS NOT MAINTAINABLE EVEN IF, AS IS POINTED OUT BY T HE APPLICANT ASSESSING OFFICER, THE TAX EFFECT IS MORE THAN RS.10 LACS. IN VIEW OF THE SE DISCUSSIONS, WE SEE NO REASONS TO DISTURB THE CONCLUSIONS ARRIVED AT IN OUR ORDER DATED 25 TH SEPTEMBER, 2017. IN ANY CASE, LEARNED DEPARTMENTAL REPRESENTATIVE HAS BEEN FAIR ENOUGH TO ACCEPT THAT ON ACCOUNT OF CBDT CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 THIS APPLICATION IS RENDERED INFRUCTUOUS ANYWAY. 5. IN THE RESULT, THE APPLICATION IS DISMISSED. PR ONOUNCED IN THE OPEN COURT TODAY ON THE 17 TH SEPTEMBER, 2018 SD/- SD/- MS. MADHUMITA ROY PRA MOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 17 TH DAY OF SEPTEMBER, 2018 **BT COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: .................07.09.2018. ... 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: .. 07.09.2018..... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: 17.09.2018... 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: .. 17.09.2018. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : . 17.09.2018. 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER : . 8. DATE OF DESPATCH OF THE ORDER: ......