The ACIT, Central Circle-1(4), Ahmedabad V. Shri Bhaubha Devisinh Vaghela, Ahmedabad

MA 53/AHD/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4583 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 09-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SHR I AMARJIT SINGH , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER THE ACIT CIRCLE - 1(4), AHMEDABAD (APPELLANT) VS SHRI BHAUBHA DEVISINH VAGHELA, 5 - 3 - 1 GAYATRI PARK, BAVLA ROAD, SANAND, DIST: AHMEDABAD PAN: AKBPV7311A (RESPONDENT) REVENUE BY : S H RI LALIT P. JAIN , SR. D . R. ASSESSEE BY: SHRI SAKAR SHARMA, A.R. DATE OF HEARING : 05 - 10 - 2 018 DATE OF PRONOUNCEMENT : 11 - 10 - 2 018 / ORDER P ER : AMARJIT SI NGH, ACCOUNTANT MEMBER : - VIDE MISCELLANEOUS APPLICATI ON NO. 53/AHD/2017 DATED 1 ST FEB, 2017, REVENUE HAS CONTENDED THAT THE ITAT VIDE ORDER IN IT(SS)A NO. 442/AHD/2012 DATED 31/05/2016 HAS DISMISSED THE APPEAL IN THE LIG HT OF CBDT CIRCULAR NO. 21/201 5 POINTED OUT THAT TAX EFFECT IN THE CASE OF THE ASSE SSEE WAS BELOW RS. 10 LACS . IT IS REQUESTED TO DECIDE THE CASE ON MERIT AS THE TAX EFFECT IN THE APPEAL FILED WAS ABOVE RS. 10 LACS . M.A. NO. 53/AHD/2017 (IN I T (SS) A NO . 442 / A HD/20 12) A SSESSMENT YEAR 200 4 - 05 M.A. NO. 53/AHD/2017 ( IN I.T.A NO. 44 2 /AHD/20 12) A.Y. 2004 - 05 PAGE NO ACIT VS. SHRI BHAUBHA DEVISINH VAGHELA 2 2. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERIAL ON RECO RD. DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE US, IT IS BROUGHT TO THE NOTICE OF BOTH THE PARTIES THAT THE CBDT HAS REVISED THE MONETARY LIMIT OF FILING TAX APPEAL BEFORE THE ITAT FROM TAX E FFECT OF RS. 10 LACS TO RS. 20 LACS VIDE CBDT CIRCULAR NO. 3/2018 DATED 11/07/2018 APPLICABLE RETROSPECTIVELY FOR NOT TO PREFER APPEAL IF THE TAX EFFECT IS LESS THAN 20 LACS. THE LD. DEPARTMENTAL REPRESENTATIVE ALSO AGREED THAT THIS CASE IS NOW COVERED WITH THE LATEST CBDT CIRCULAR 3/2018 DATED 11 - 07 - 2018 FOR NOT PREFERRING APPEAL AS THE TAX EFFECT IS LESS THAN 20 LACS. CONSIDERING THE ABOVE FACT, WE DO NOT FIND ANY MERIT IN THE MA OF THE REVENUE AS THE TAX EFFECT LIMIT HAS BEEN REVISED WITH RETROSPECTIVE EFFECT AS SUPRA . SO, THE MA IS DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 11 - 10 - 201 8 SD/ - SD/ - ( MADHUMITA ROY ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDAB AD : DATED 11 /10 /2018 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,