The ACIT 2(1)(1),, Ahmedabad v. M/s. India Gelatine & Chemicals Ltd.,, Ahmedabad

ITA 145/AHD/2018 | 2014-2015
Pronouncement Date: 14-11-2019 | Result: Dismissed

Appeal Details

RSA Number 14520514 RSA 2018
Assessee PAN AAACI3676F
Bench Ahmedabad
Appeal Number ITA 145/AHD/2018
Duration Of Justice 1 year(s) 9 month(s) 30 day(s)
Appellant The ACIT 2(1)(1),, Ahmedabad
Respondent M/s. India Gelatine & Chemicals Ltd.,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 14-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 14-11-2019
Last Hearing Date 25-10-2019
First Hearing Date 25-10-2019
Assessment Year 2014-2015
Appeal Filed On 15-01-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH BEFORE: SHR I RAJPAL YADAV JUDICIAL MEMBER AND SHRI AMARJIT SINGH ACCOUNTANT MEMBER THE A CIT CENTRAL CIRCLE - 2(1 ) (1) AHMEDABAD (APPELLANT) VS M/S. INDIA GELATINE AND CHEMICALS LTD. 7 TH FLOOR 703/704 SHILP BUILDING. C.G. ROAD AHMEDABAD PAN:AAACI3676F (RESPONDENT) REVENUE BY : S H R I VINOD TANWANI SR. D . R. ASSESSEE BY: SHRI JIMI PATEL A.R. DATE OF HEARING : 25 - 10 - 2 019 DATE OF PRONOUNCEMENT : 14 - 11 - 2 019 / ORDER P ER : AMARJIT SING H ACCOUNTANT MEMBER : - THIS REVENUE S APPEAL FOR A. Y. 2014 - 15 ARI SES FROM ORDER OF THE CIT(A) - 2 AHMEDABAD DATED 10 - 10 - 2 017 IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT 1961; IN SHORT THE ACT . I T A NO . 14 5 / A HD /20 18 A SS ESSMENT YEAR 2014 - 15 I.T.A NO. 14 5 /AHD/20 18 A.Y. 2014 - 15 PAGE NO ACIT VS. M/S. INDIA GELATINE AND CHEMICALS LTD. 2 2 . AT THE OUTSET AFTER GOING THROUGH T HE GROUNDS OF APPEAL AND THE IMPUGNED ORDERS OF THE REVENUE AUTHORITIES BELOW A QUERY WAS RAISED BY THE BENCH AS TO APPLICABILITY AND MAINTAINABILITY OF THE APPEAL FILED BY THE REVENUE IN VIEW OF RECENT CBDT CIRCULAR NO. 17/2019 DATED 08 - 08 - 2019 RESTRICT ING THE FILLING OF THE APPEAL BY THE REVENUE WH ERE THE TAX EFFECT IS BELOW RS.5 0 LAKHS THE LD. DR DID NOT DISPUTE THE SAME AND SUBMITTED THAT THE ISSUE IS LEFT TO THE TRIBUNAL TO BE DECIDED IN ACCORDANCE WITH LAW. 3 . WE FIND THAT THE APPEAL O F THE REV ENUE IS PRESENTED ON 15.1.2018 . ON 8.8.2019 THE CBDT HAS ISSUED INSTR UCTIONS BEARING NO. 17 OF 2019 UNDER FILE N O. F. NO. F. NO. 279/MISC. 142/2007 - ITJ(PT.) PROHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL TO THE TRIBUNAL AGAINST THE ORDE R OF THE CIT(A) WHERE THE TAX EFFECT BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.5 0 LAKHS. THE INSTRUCTIONS HAVE BEEN MADE APPLICABLE WITH RETROSPECTIVE EFFECT MEANING THEREBY THESE INSTRUCTIONS ARE APPLICABLE ON PENDING APPEALS ALSO. I N THE PRESENT CASE TAX EFFECT ON THE TOTAL INCOME ASSESSED MINUS THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUE AGAINST WHICH AP PEAL IS FILED IS LESS THAN RS.5 0 LAKHS. FURTHER THE CASE OF THE REVENUE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR. THUS KEEPING IN VIEW THE ABOVE CBDT CIRCULAR AND PROVISIONS OF SECTION 268A OF THE INCOME TAX ACT WE ARE OF THE VIEW THAT THE PRESENT APPEAL OF THE REVENUE D ESERVES TO BE DISMISSED. IT IS ACCORDINGLY DISMISSED. HOWEVER IT IS OBSERVED THAT IN CASE ON RE - VERIFICATION AT THE END OF THE AO IT COMES TO THE NOTICE THAT THE TAX EFFECT IS MORE OR REVENUE S CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE C IRCULAR THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED I.T.A NO. 14 5 /AHD/20 18 A.Y. 2014 - 15 PAGE NO ACIT VS. M/S. INDIA GELATINE AND CHEMICALS LTD. 3 WITHIN THE TIME PERIOD PRESCRIBED IN THE ACT. IN VIEW OF THE ABOVE THE APPEAL OF THE REVENUE IS DISMISSED DUE TO LOW TAX EFFECT. 4 . IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT O N 14 - 11 - 201 9 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 14 /11 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER/ /