Income Tax Officer, Ward -3(2)(2), Surat v. Shri Pravinbhai Ratilal Patel, Surat

ITA 277/SRT/2017 | 2013-2014
Pronouncement Date: 07-05-2021 | Result: Dismissed

Appeal Details

RSA Number 27725614 RSA 2017
Assessee PAN AIQPP3544G
Bench Surat
Appeal Number ITA 277/SRT/2017
Duration Of Justice 3 year(s) 5 month(s) 7 day(s)
Appellant Income Tax Officer, Ward -3(2)(2), Surat
Respondent Shri Pravinbhai Ratilal Patel, Surat
Appeal Type Income Tax Appeal
Pronouncement Date 07-05-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 07-05-2021
Assessment Year 2013-2014
Appeal Filed On 30-11-2017
Judgment Text
INCOME TAX APPELLATE TRIBUNAL SURAT BENCH SURAT BEFORE SHRI PAWAN SINGH JUDICIAL MEMBER AND DR. ARJUN LAL SAINI ACCOUNTANT MEMBER (VIRTUAL HEARING) .../ I.T.A NO.277/SRT/2017 / ASSESSMENT YEAR: 2013-14 INCOME TAX OFFICER WARD NO. 3(2)(2) ROOM NO.416 4 TH FLOOR AAYAKAR BHAWAN MAJURA GATE SURAT. VS SH PRAVINBHAI RATILAL PATEL OPP. DARGAH BUS STAND KHARDA MOTIVED SURAT. [PAN: AIQPP 3544 G ] / APPELLANT /RESPONDENT /ASSESSEE BY NONE /REVENUE BY MS. ANUPMA SINGLA SR. DR / DATE OF HEARING: 07.05.2021 /PRONOUNCEMENT ON: 07.05.2021 /O R D E R PER PAWAN SINGH JUDICIAL MEMEBER : 1. THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-2 SURAT HEREINAFTER REFERRED AS LD.CIT(A) DATED 23.05.2017 FOR ASSESSMENT YEAR (AY) 2013-14. 2. THIS APPEAL COMES UP HEARING ON 29.04.2021. ON PERUSAL OF GROUNDS OF APPEAL WE NOTED THAT THE REVENUE HAS CHALLENGED THE ORDER OF LD. CIT(A) FOR ALLOWING EXEMPTION UNDER SECTION 54B OF RS. 1 61 56 000/- TAX EFFECT ON WHICH APPEARS TO BE LESS THAN THE MONETARY LIMIT OF RS.50 LAKHS FOR FILING APPEAL BY REVENUE BEFORE TRIBUNAL AS FIXED BY CENTRAL BOARD OF DIRECT TAXES (CBDT) IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019. THIS FACT WAS CONFRONTED WITH THE LD. SENIOR DEPARTMENTAL REPRESENTATIVE (SR.DR) FOR THE REVENUE. THE SR. DR FOR REVENUE SUBMITTED THAT SHE MAY BE ALLOWED TO CALL THE WORKING OF THE TAX EFFECT FROM THE ASSESSING OFFICER. ON HER REQUEST THE APPEAL WAS ADJOURN FOR 07/05/2021. ON THE DIRECTION OF THE LD. SR DR THE ASSESSING OFFICER FURNISHED THE WORKING OF THE TAX EFFECT VIDE HIS APPLICATION DATED 04.05.2021. AS PER THE WORKING OF THE ITA NO. 277/SRT/2017 (A.Y. 2013-14) PRAVINBHAI RATILAL PATEL 2 ASSESSING OFFICER TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS.39 18 284/- WHICH IS BELOW RS.50 LAKHS. THEREFORE THE APPEAL FILED BY REVENUE IS NOT MAINTAINABLE DUE TO LOW TAX EFFECT. 3. THE LD. SR DR FOR THE REVENUE AFTER GOING THROUGH THE WORKING OF TAX EFFECT FAIRLY AGREED THAT THE TAX EFFECT IN THIS APPEAL IS BELOW THE MONETARY LIMIT OF RS.50 LAKHS AS PER CBDT CIRCULAR NO.17/2019. HOWEVER THE SR. DR FOR THE REVENUE PRAYED THAT THE REVENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVED IF AT LATER STAGE IT IS DISCOVERED THAT THE APPEAL IS COVERED BY EXCEPTION CLAUSE OF EXISTING INSTRUCTIONS OF CBDT. 4. WE HAVE CONSIDERED THE CONTENTION OF SR DR FOR THE REVENUE AND PERUSED THE ORDER OF LD.CIT(A) CAREFULLY. CONSIDERING THE FACT THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS. 39 18 284/ WHICH IS ADMITTEDLY LESS THAN THE MONETARY LIMIT OF TAX FIXED BY CBDT IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019 FOR FILING APPEAL BEFORE TRIBUNAL.THEREFORE THE APPEAL OF REVENUE IS NOT ADMITTED AND DISMISSED DUE TO LOW TAX EFFECT. HOWEVER THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVED IF AT THE LETTER STAGE IT IS DISCOVERED THAT THE CASE IS COVERED BY ANY EXCEPTION CLAUSE OF THE CBDT CIRCULARS. 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED ON 7 TH MAY 2021 AT THE TIME OF HEARING IN VIRTUAL COURT. SD/- SD/- (DR. ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER ) / SURAT DATED : 7 TH MAY 2021 SELF BY AUTHOR COPY OF ORDER SENT TO:- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR SURAT