THE ACIT.,CENT.CIRCLE-2(1), AHMEDABAD V. M/S. FLOURISH PUREFOOD PVT.LTD., AHMEDABAD

ITSSA 274/AHD/2019

AI Insights

The case involves an appeal by the Assistant Commissioner of Income Tax, Central Circle-2(1), Ahmedabad against M/s. Flourish Purefood Pvt. Ltd. concerning the assessment year 2012-13. The appeal was based on disputes over certain tax assessments. However, during the proceedings, it was brought to attention that the tax effect involved in the appeal did not exceed the newly prescribed monetary limit of Rs. 60 lakhs as per the CBDT Circular No. 09 of 2024 dated 17.09.2024. Consequently, the appeal was dismissed as a measure to reduce litigation, adhering to the guidelines of the Circular.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 25008 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 09-10-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-09-2024
• Assessment Year: 2012-2013
• Appeal Filed On: 16-05-2019
• Laws Referred To: CBDT Circular No. 09 of 2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: TUSHAR HEMANI; .
• Assessee Lawyers: B.P. SRIVASTAVA
• Keywords: Tax effect

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER & SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER I.T(SS).A. No.274/Ahd/2019 (Assessment Year: 2012-13) Assistant Commissioner of Income Tax, Central Circle-2(1), Ahmedabad Vs. M/s. Flourish Purefood Pvt. Ltd., 22-23, Shrimali Society, Opp. Canara Bank, Navrangpura, Ahmedabad [PAN No.AADCV2648B] (Appellant) .. (Respondent) Appellant by : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, A.R. Respondent by: Shri B.P. Srivastava, Sr. DR Date of Hearing 26.09.2024 Date of Pronouncement 09.10.2024 O R D E R PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER: This appeal has been filed by the Revenue against the order passed by the Ld. Commissioner of Income Tax (Appeals)-12, (in short “Ld. CIT(A)”), Ahmedabad vide order 05.03.2019 passed for A.Y. 2012-13. 2. At the time of hearing, it was submitted by the Ld. AR for the assessee that appeal filed by the Revenue is hit by recently issued CBDT Circular No. 09 of 2024 dated 17.09.2024 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.60 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.60 lakhs and therefore appeal of the IT(SS)A No.274 /Ahd/2019 ACIT vs. M/s. Flourish Purefood Pvt. Ltd. Asst.Year –2012-13 - 2– Revenue is required to be dismissed in limine. The assessee has produced a Tax Effect calculation chart which is reproduced as below: Particulars Amt. in dispute (Rs.) Rate of tax Tax effect (Rs.) Ground # 1 1,63,22,111 30% 48,96,633 Ground # 2 20,40,263 30% 6,12,079 Ground # 7 51,429 30% 15,429 Total 1,84,13,803 55,24,141 Add: Surcharge (2J 5% 2,76,207 Tax (including surcharge) 58,00,348 Add: EC&SHEC @3% 1,74,010 Total Tax effect 59,74358 3. The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 09 of 2024. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner. 4. In the result, the appeal of the Revenue is dismissed. This Order pronounced in Open Court on 09/10/2024 Sd/- Sd/- (ANNAPURNA GUPTA) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 09/10/2024 TANMAY, Sr. PS TRUE COPY IT(SS)A No.274 /Ahd/2019 ACIT vs. M/s. Flourish Purefood Pvt. Ltd. Asst.Year –2012-13 - 3– आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 01.10.2024 2. Date on which the typed draft is placed before the Dictating Member 01.10.2024 3. Other Member………………… 4. Date on which the approved draft comes to the Sr.P.S./P.S .10.2024 5. Date on which the fair order is placed before the Dictating Member for pronouncement .10.2024 6. Date on which the fair order comes back to the Sr.P.S./P.S 09.10.2024 7. Date on which the file goes to the Bench Clerk 09.10.2024 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Dispatch of the Order…………………………………… "