D.C.I.T. 2(1), RAIPUR V. M/S PARTHAVI CONSTRUCTION, RAIPUR

MA 7/BIL/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4601 (ITAT-RAIPUR)
• Duration Of Justice: 7 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 24-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

MA NO.07/RPR/2015 ASSESSMEN T Y EAR: 2007 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR [CORAM : PRAMOD KUMAR AM & C.M. GARG, JM ] M.A. NO.07/RPR/2015 (IN ITA NO . 10 1 / BLPR/2011 AS SESSMENT Y EAR : 20 07 - 08 D.C.I.T. 2(1) .APPELLANT RAIPUR ( C.G) VS. PARTHAV I CONSTRUCTION , PARTHAVI NAAR, HEERAPUR ROAD, MOHOBA BAZAR, RAIPUR. ....................RESPONDENT [PAN : A A CCP 4406 G ] APPEARANCES BY: D.K. JAIN , FOR THE A PPELLANT AMIT MALU JAIN , F OR THE RE SPONDENT DATE OF CONCLUDING THE HEARING : JUNE 2 4 TH , 201 6 DATE OF PRONOUNCING THE ORDER : JUNE 24 TH , 201 6 O R D E R PER PRAMOD KUMAR, AM: BY WAY OF TH IS MISCELLANEOUS PE TITION THE ASSESSING OFFICER SEEKS RECALL OF THE ORDER DATED 12.06.2015 PASSED BY THE TRIBUNAL ON THE GROUND T HAT THE TAX EFFECT INVOLVED IN THE APPEAL EXCEEDS RS.3 LACS WHEREAS THIS APPEAL WAS DISPOSED OF ON THE GROUND THAT THE TAX EFFECT INVOLVED WAS LESS THAN RS. 3 LACS. 2. LEARNED DEPARTMENTAL REPRESENTATIVE, HOWEVER , FAIRLY CONCEDES THAT THIS PETITION IS NOW INFRUCTUOUS . I N VIE W OF THE FACT THAT VIDE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 THE MONETARY LIMIT FOR FILING OF APPEAL BEFORE THIS TRIBUNAL STANDS ENHANCED TO RS.10 LACS AND THAT THIS PROVISION IS TO TAKE RETROSPECTIVE EFFECT. MA NO.07/RPR/2015 ASSESSMEN T Y EAR: 2007 - 08 PAGE 2 OF 2 HE FAIRLY A DMITS THAT IN ANY EVENT , TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN RS.10 LACS. 3. IN VIEW OF THE ABOVE, THE MISCELLANEOUS PETITION IS DISMISSED AS INFRUCTUOUS. PRONOUNCED IN THE OPEN COURT ON THIS 24 TH DAY OF JUNE, 2016. SD/ - SD/ - C.M. GARG PRAMOD KU MAR ( JUDICIAL MEMBER ) (ACCOUNTANT MEMBER) DATED: THE 24 TH DAY OF JUNE, 2016 . PBN/* COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSIS TANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR