The DCIT, Central Circle-2(3), Ahmedabad V. M/s. Raj Jay Investment Pvt. Ltd., Ahmedabad

MA 52/AHD/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4610 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-11-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 04-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: DHWANI MEHTA
• Keywords: Audit objection; Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I AMARJIT SINGH , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER THE DY. CIT, CENTRAL CIRCLE - 2(3), AHMEDABAD (APPELLANT) VS M/S. RAJ JAY INVESTMENT PVT. LTD. 4 TH FLOOR, PARISEEMA COMPLEX, OPP. SWAGAT BUILDING, OPP. BODYLINE, C.G. ROAD, AHMEDA BAD - 380006 PAN: AAACR7471D (RESPONDENT) REVENUE BY : S H RI SATISH SOLANKI , SR. D . R. ASSESSEE BY: SHRI DHWANI MEHTA, A.R. DATE OF HEARING : 06 - 09 - 2 019 DATE O F PRONOUNCEMENT : 14 - 11 - 2 019 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - BOTH THE MISCELLANEOUS APPLICATIONS HAVE BEEN FILED BY THE REVENUE AGAINST THE ORDER OF ITAT IN ITA NOS. 156/AHD/2018 AND 125 OTHERS ORDER DATED 31 - 07 - 2018. 2. THE APPEAL S OF THE REVENUE VIDE ITA NO S . 1124 & 1125 /AHD/2018 WERE DISMISSED ON 31 ST JULY, 2018 ON ACCOUNT OF LOW TAX EFFECT ACCORDING TO M.A. NO. 52 & 53/AHD/2019 (IN I T A NO S . 1124 & 1125 / A HD/20 18) A SS ESSMENT YEAR 2009 - 10 & 2010 - 11 M.A. NOS. 52 & 53/AHD/2019 (IN I.T.A NO. 1124 & 1125 /AHD/20 18) A.Y. 2009 - 10 & 201 0 - 11 PAGE NO DY. CIT VS. M/S. RAJ JAY INVESTMENT PVT. LTD. 2 CBDT CIRCULAR NO. 3/2018. VIDE AFORESAID MISCELLANEOUS APPLICATION S , THE REVENUE HAS SUBMITTED THAT THE APPEAL OF THE ASSESSEE IS COVERED UNDER THE EXCEPTI ONAL CLAUSE OF THE CBDT CIRCULAR NO. 3/2018 AS THE REVENUE AUDIT OBJECTION IN THE AFORESAID CASE HAS BEEN ACCEPTED BY THE DEPART MENT THEREFORE, IT IS REQUESTED THAT THE APPEAL BE DECIDED ON MERIT. 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE M ATERIAL ON RECORD. THE ISSUE CONTESTED IN THE APPEAL WAS SUBJECT TO REVENUE AUDIT OBJECTION WHICH WAS ACCEPTED BY THE DEPARTMENT. WHILE DISPOSING OF THE APPEAL S OF THE REVENUE ON THE BASIS OF LOW TAX EFFECT IN ACCORDANCE WITH THE CIRCULAR NO. 3 / 2018 , IT IS MENTIONED AT PARA 2 OF THE ITAT ORDER DATED 31 ST JULY, 2018 THAT IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL S BECAUSE OF INAPPLICABILITES OF THE CIRCULAR ON ACCOUNT ANY EXCEPTION OR FOR ANY OTHER R EASONS. IN THE LIGHT THE ABOVE FA CTS, IT IS CLEAR THAT THE CASE OF THE REVENUE IS COVERED UNDER THE EXCEPTION OF CLAUSE 10(C) OF THE SAID CIRCULAR AS T HE REVENUE AUDIT OBJECTION IN THE CASE OF THE ASSESSEE HAS BEEN ACCEPTED BY THE DEPARTMENT, THEREFORE, WE RECALL THE ABOVE CITED ORDER OF THE ITAT AND REGISTRY IS DIRECTED TO LIST IT FOR HEARING FOR ADJUDICATION ON MERIT IN DUE COURSE. 4. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATIONS OF THE REVENUE ARE ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 14 - 11 - 201 9 SD/ - SD/ - ( MADHUMITA ROY ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER M.A. NOS. 52 & 53/AHD/2019 (IN I.T.A NO. 1124 & 1125 /AHD/20 18) A.Y. 2009 - 10 & 201 0 - 11 PAGE NO DY. CIT VS. M/S. RAJ JAY INVESTMENT PVT. LTD. 3 AHMEDABAD : DATED 14 /11 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,