The ITO, Ward-1(1)(2), Ahmedabad V. Bhagat Dyes & Chemicals Pvt. Ltd., Ahmedabad

MA 49/AHD/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 9695 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 15-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: APOORVA BHARADWAJ
• Keywords: Tax effect

Judgement Text

, LH LHLH LH IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER MISC. APPLICATION NO.49/AHD/2018 (ARISING OUT OF ITA NO.3310/AHD/2014) ( / ASSESSMENT YEAR : 2006-07) THE INCOME TAX OFFICER, WARD 1(1), AHMEDABAD. / VS. M/S. BHAGAT DYES & CHEMICALS PVT. LTD. KUSH COMPLEX, NR. NARANPURA CROSS ROAD, NARANPURA, AHMEDABAD-13 ./ ./ PAN/GIR NO. : AAACB 7708 H ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : MS. APOORVA BHARADWAJ, SR.D.R / RESPONDENT BY : --NONE-- / DATE OF HEARING 07-09-2018 !'# / DATE OF PRONOUNCEMENT 18-09-2018 $% / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: BY VIRTUE OF THIS MISCELLANEOUS APPLICATION, THE RE VENUE IN THIS MISC. APPLICATION IS SEEKING TO RECALL THE ORDER PASSED B Y THE ITAT IN ITA NO.3310/AHD/2014 DATED 10 TH AUGUST, 2017 ON THE GROUND THAT THERE IS AN APPARENT MISTAKE IN THE ORDER OF THE ITAT. 2. AT THE OUTSET, WE NOTE THAT THE ASSESSEE HAS FIL ED ADJOURNMENT PETITION BUT ON PERUSAL OF THE RECORDS, WE FIND THA T THE ISSUE RAISED BY THE MA NO.49/AHD/2018 (ARISIN G OUT OF ITA NO.3310/AHD/2014) DCIT VS. M/S. BHAGAT DYES & CHEMICALS PVT. LTD. ASST.YEAR 2006-07 - 2 - REVENUE IN ITS MA IS COVERED IN FAVOUR OF THE ASSES SEE. THEREFORE, WE DECIDED TO REJECT THE ADJOURNMENT PETITION AND PROC EED TO HEAR THE MA. 2. THE BRIEFLY STATED FACTS ARE THAT THE APPEAL FI LED BY THE REVENUE VIDE ITA NO.3310/AHD/2014 PERTAINING TO THE ASSESSMENT Y EAR 2006-07 WAS DISMISSED BY THE ITAT VIDE ORDER DATED 10 TH AUGUST, 2017 DUE TO LOW TAX EFFECT. THE ITAT WHILE DISMISSING THE APPEAL FILED BY THE REVENUE HAS CONSIDERED THE CBDT CIRCULAR NO. 21 OF 2015 DATED 1 0 TH DECEMBER, 2015. 2.1 HOWEVER, THE REVENUE IN THIS MA SUBMITTED THAT THE TAX EFFECT EXCEEDS THE THRESHOLD LIMIT I.E. RS.10 LACS AS SPEC IFIED IN CIRCULAR NO.21/2015. IT WAS SUBMITTED THAT THE TAX EFFECT IN THE INSTANT CASE WORKS OUT TO RS.10,09,800/- ONLY. THEREFORE, IT WAS PLEAD ED TO RECALL THE ORDER OF ITAT. 2.2 HOWEVER, AT THE TIME OF HEARING THE LD DR FOR T HE REVENUE FAIRLY AGREED TO THE FACT THAT EVEN THE ORDER OF ITAT IS R ECALLED THEN ALSO IT WILL NOT BE MAINTAINABLE IN VIEW OF THE RECENT CIRCULAR NO.3/2018 ISSUED BY THE CBDT DATED 11-07-2018. 3. HEARD THE LD DR AND PERUSED THE MATERIALS AVAILA BLE ON RECORD. THERE IS NO DISPUTE THAT THE CBDT IN ITS CIRCULAR N O. 3/2018 DATED 11- 07-2018 HAS ENHANCED THE LIMIT OF TAX EFFECT FOR FI LING THE APPEAL FROM 10 LACS TO 20 LACS. THUS, THE APPEALS FILED BY THE REV ENUE WHERE TAX EFFECT DOES NOT EXCEED RS.20 LACS ARE NOT MAINTAINABLE. TH EREFORE, WE ARE OF THE MA NO.49/AHD/2018 (ARISIN G OUT OF ITA NO.3310/AHD/2014) DCIT VS. M/S. BHAGAT DYES & CHEMICALS PVT. LTD. ASST.YEAR 2006-07 - 3 - VIEW THAT NO JUSTICE WILL BE SERVED TO THE REVENUE EVEN THE ORDER OF ITAT IS RECALLED ON THE GROUND THAT THE TAX EFFECT EXCEE DS RS.10 LACS. THUS, THE MA FILED BY THE REVENUE IS DISMISSED. 4. IN THE RESULT, MISC. APPLICATION FILED BY THE R EVENUE IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 18/09/2018 SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER ( WASEEM AHMED ) ACCOUNTANT MEMBER AHMEDABAD; DATED 18/09/2018 !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. %& / THE APPELLANT 2. '%& / THE RESPONDENT. 3. ()) ! * +! / CONCERNED CIT 4. * +! ) ( / THE CIT(A) 5. #,- ! , , ./0 /DR,ITAT, AHMEDABAD. 6. -1 23 / GUARD FILE. * ( / BY ORDER, TRUE COPY ( ). (ASSTT. REGISTRAR) / ITAT, AHMEDABAD