The Dy. CIT., (OSD-1) Circle-4, Ahmedabad V. Lancer Laser Tech Ltd., Gandhinagar

MA 92/AHD/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4579 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 09-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: APOORVA BHARADWAJ
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE DCIT(OSD), CIRCLE - 4, AHMEDABAD (APPELLANT) VS LANCER LASER TECH. LTD., 17 - B, KUNALDEEP INDUSTRIAL ESTATE, OPP. NEW ARVIND MILLS, KHATRAJ, GANDHINAGAR, PAN: AAACL5061F (RESPONDENT) REVENUE BY : S H RI APOORVA BHARADWAJ , SR. D . R. ASSESSEE BY: NONE DATE OF HEARING : 07 - 09 - 2 018 DATE OF PRONOUNCEMENT : 09 - 10 - 2 018 / ORDER P ER : AMARJIT SI NGH, ACCOUNTANT MEMBER : - THIS MA WAS FILED AGAINST TH E DECISION OF ITAT IN ITA NO. 29 84/AHD/2013 ORDER DATED 16 - 09 - 2016 REGARDING DISMISSAL OF APPEAL OF THE REVENUE VIDE M.A. DATED 6 TH MARCH, 2017. THE REVENUE HAS CONTENDED THAT THE TAX EFFECT INVOLV ED IN ALL THE ISSUE S UNDER APPEAL IN THIS CASE WAS RS. 12 , 82 , 267/ - WHICH WAS ABOVE THE PRESCRIBED LIM IT FOR FILING AN APPEAL BEFORE ITAT AS PER CIRCULAR NO. 21/ 2015 DATED 10 - 12 - 2015 OF CBDT . D URING THE COURSE OF APPELLATE PROCEEDINGS BEFORE US , IT WAS BROUGHT TO T HE NOTICE OF THE LD. DEPARTMENTAL REPRESENTATIVE THAT MONETARY LIMIT FOR FLING APPEAL BEFORE T H E ITAT HAS BEEN ENHANCED TO RS. 20 LACS VIDE CIRCULAR NO. 03/2018 DATED 11 - 07 - 2018 FROM RS. 10 LACS WHICH IS AP PLICAB LE RETROSPECTIVELY . THE LD. DEPARTMENTAL REPRESENTATIVE HAS AGREED THAT IN THIS CASE M A NO . 92 / A HD/20 17 (IN ITA NO. 2984/AHD/2013) A SS ESSMENT YEAR 2010 - 11 M. A. NO. 92/AHD/2017 ( I.T.A NO. 2984 /AHD/20 13) A.Y. 2010 - 11 PAGE NO D CIT (OSD) VS. M/S. LANCER LASER TECH LTD. 2 THE TAX EFFECT IS LESS THAN 20 LACS . T HIS IS NOT MAINTAINABLE IN VIEW OF THE ABOVE MENTIONED CBDT CIRCULAR. IN VIEW OF THE ABOVE , THE MA OF THE REVENUE IS DISMISSED. 2 . IN THE RESULT, THE M ISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 09 - 10 - 201 8 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHME DABAD : DATED 09 /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/ , / ,