The DCIT, Central Circle-1(3), Ahmedabad V. Shri Natvarlal Kacharalal Vyas,

MA 83/AHD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6767 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 1998-1999
• Appeal Filed On: 27-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINOD TANWARI
• Assessee Lawyers: R B RATHI
• Keywords: Tax effect
• Section: 260A

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH AAHMEDABAD BEFORE S/SHRI D. K. TYAGI, J.M. AND A. K. GARODIA, A.M. DY. CIT, CENTRAL CIRCLE-1(3), AHMEDABAD. V/S . SHRI NATVARLAL KACHARALAL VYAS, PROP. M/S KESHAV ESTATE DEVELOPERS, DR.HOUSE, VARDHAMAN NAGAR, NR. SARDARBAUG, KALOL, DIST. MEHSANA. (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI VINOD TANWARI, SR.DR RESPONDENT BY:- SHRI R. B. RATHI, AR DATE OF HEARING : 26.08.2011. DATE OF PRONOUNCEMENT : 26.08.2011. O R D E R PER D. K. TYAGI, JUDICIAL MEMBER. ALL THESE MISCELLANEOUS APPLICATIONS HAVE BEEN FIL ED BY THE REVENUE AGAINST THE CONSOLIDATED ORDER DATED 21.07. 2008 PASSED BY THE TRIBUNAL WHICH READS AS UNDER :- M.A. NO. ITA NO. ASST. YEAR 83/AHD/2011 1757/AHD/2008 1998-99 84/AHD/2011 1758/AHD/2008 1999-00 85/AHD/2011 1759/AHD/2008 2000-01 86/AHD/2011 1761/AHD/2008 2002-03 87/AHD/2011 1762/AHD/2008 2003-04 88/AHD/2011 1763/AHD/2008 2004-05 MA NOS.83 TO 88/AHD/2011 AYS 1998-99 TO 2000-01 & 2002-03 TO 2004-05 2 REG. SHRI NATVARLAL KACHARALAL VYAS A.Y. A.YS. 1998-99, 1999-2000, 2000-01, 2002-03, 2 003-04 & 2004-05 ITA NO. ITA NO.1757, 1758, 1759, 1761, 1762 & 1763/ AHD/2008 DT.21.07.2008 M.A. NO.83/AHD/2011 BACK GROUND FACTS OF THE MISCELLANEOUS APPLICATION 2. THE HONBLE ITAT A BENCH, AHMEDABAD HAS DECIDE D THE FOLLOWING APPEALS FILED BY THE REVENUE IN SINGLE CO NSOLIDATED ORDER, AS UNDER : SL.NO. ITA NO. ASST. YEAR TAX EFFECT 1. ITA NO.1757/AHD/2008 1998-99 RS.1,45,436/- 2. ITA NO.1758/AHD/2008 1999-00 RS.21,289/- 3. ITA NO.1759/AHD/2008 2000-01 RS.69,707/- 4. ITA NO.1761/AHD/2008 2002-03 RS.5,06,548/- 5. ITA NO.1762/AHD/2008 2003-04 RS.5,56,254/- 6. ITA NO.1763/AHD/2008 2004-05 RS.34,206/- THE HONBLE ITAT VIDE ITS ORDER DATED 21.07.2008 HA D DISMISSED THE DEPARTMENTAL APPEALS IN LIMINE CONSIDERING THAT TAX EFFECT IN EACH ONE OF THE DEPARTMENTAL APPEAL IS LESS THAN RS.2 LAKHS AND HENCE THE SAME IS NOT MAINTAINABLE IN THE CASE OF SHRI NATVARLAL KACHARAL AL VYAS. 3. IT IS SEEN HAVING BEEN VERIFIED ALL THE RELEVANT RECORD FOR THE SAME THAT IN SOME OF THE YEARS INVOLVED (AS MENTIONED AT SL.NO.4 & 5) IN APPEAL, THE TAX EFFECT IS ABOVE THE MONETARY LIMIT PRESCRIBED AND HENCE, THERE IS AN APPARENT MISTAKE IN THE ORDER OF HONBL E ITAT IN DISMISSING THE APPEAL OF REVENUE CITING THE ABOVE REASON. IT I S ALSO SEEN THAT AGAINST THE ABOVE ORDER OF ITAT, APPEALS U/S 260A OF THE IT ACT HAVE ALREADY BEEN FILED BEFORE THE HIGH COURT, WHICH HAVE BEEN A DMITTED BY THE HONBLE HIGH COURT. MA NOS.83 TO 88/AHD/2011 AYS 1998-99 TO 2000-01 & 2002-03 TO 2004-05 3 4. IN VIEW OF THE ABOVE, IT IS PRAYED THAT THE ORDE R PASSED IN ITA NOS.1757, 1758, 1759, 1761, 1762 & 1763/AHD/2008 DA TED 21.07.2008 MAY KINDLY BE RECALLED AND MAY BE DECIDED ON MERITS . 2. AT THE TIME OF HEARING THE LD. DR PLACING RELIAN CE ON THE CONTENTS OF THE ABOVE MISCELLANEOUS APPLICATIONS SUBMITTED T HAT TAX EFFECT FOR THE ASST. YEAR 2002-03 AND 2003-04 IS MORE THAN RS. 2 L AKHS. THEREFORE, THE ORDER PASSED BY THE TRIBUNAL MAY KINDLY BE RECALLED . 3. THE LD. COUNSEL OF THE ASSESSEE ON THE OTHER HAN D, CONTESTED THE SUBMISSIONS OF THE LD. DR BY PLACING RELIANCE ON A CHART GIVEN BY HIM SHOWING THE INCOME FOR ASST. YEARS 2001-02, 2002-03 , 2003-04 AND 2004-05 ALONG WITH TAX EFFECT WHICH READS AS UNDER :- ASST. YEAR INCOME AS PER AO ADDITION RESTRICTED BY CIT TAX LIABILITY ON CIT ASSESSED INCOME. 2001-02 =17,68,750 NIL 2002-03 =17,68,750 41,000 NIL 2003-04 17,68,750 + 3,52,000=21,20,750 37,076+70,000 =1,07,076 10,727/- 2004-05 17,68,750 +3,52,000=21,20,750 1,92,000+70,000 =2,62,000 54,178/- AND SUBMITTED THAT SINCE TAX EFFECT FOR ALL THE YEA RS UNDER APPEAL IS LESS THAN RS. 2 LACS, THERE IS NO MISTAKE IN THE CONSOLI DATED ORDER OF THE TRIBUNAL DATED 21.07.2008 AND THEREFORE, THE MISCEL LANEOUS APPLICATIONS FILED BY THE REVENUE MAY KINDLY BE REJECTED. THIS S UBMISSION OF THE LD. COUNSEL REMAINED UNCONTROVERTED BY THE REVENUE. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RECORD, WE AGREE WITH THE SUBMISSION AND CALCULATION MADE BY T HE LD. AR AND FIND NO MA NOS.83 TO 88/AHD/2011 AYS 1998-99 TO 2000-01 & 2002-03 TO 2004-05 4 REASON TO RECALL OUR ABOVE CONSOLIDATED ORDER. ACCO RDINGLY, WE REJECT THE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FI LED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 26/08/2011 SD/- SD/- (A. K. GARODIA) (D. K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD, DATED : 26/08/2011 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD 1.DATE OF DICTATION 2/9/11. 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 5/9/11. /OTHER MEMBER. 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.. 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..