The DCIT, Circle-1(1)(1), Ahmedabad v. Fairdeal Suppliers Ltd.,, Ahmedabad

ITA 938/AHD/2018 | 2012-2013
Pronouncement Date: 18-11-2019 | Result: Dismissed

Appeal Details

RSA Number 93820514 RSA 2018
Assessee PAN AAACF2878C
Bench Ahmedabad
Appeal Number ITA 938/AHD/2018
Duration Of Justice 1 year(s) 7 month(s) 4 day(s)
Appellant The DCIT, Circle-1(1)(1), Ahmedabad
Respondent Fairdeal Suppliers Ltd.,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 18-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 18-11-2019
Last Hearing Date 14-10-2019
First Hearing Date 14-10-2019
Assessment Year 2012-2013
Appeal Filed On 13-04-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (BEFORE SHRI MAHAVIR PRASAD JUDICIAL MEMBER & SHRI AMARJIT SINGH ACCOUNTANT MEMBER) ITA. NO: 938/AHD/2018 (ASSESSMENT YEAR: 2012-13) DY. CIT CIRCLE-1(1)(1) AHMEDABAD V/S FAIRDEAL SUPPLIES LTD. 4 TH FLOOR SHALIN BUILDING NR. NEHRU BRIDGE ASHRAM ROAD AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AAACF 2878C APPELLANT BY : SHRI SHIV SEVAK SR. D.R. RESPONDENT BY : SHRI P.F. JAIN A.R. ( )/ ORDER DATE OF HEARING : 14 -10-201 9 DATE OF PRONOUNCEMENT : 18-11S-2019 PER MAHAVIR PRASAD JUDICIAL MEMBER 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE LD. CIT(A)-2 AHMEDABAD DATED 15.01.2018 PERTAINING TO A.Y. 2012-13. ITA NO. 938/ AHD/2018 . A.Y. 2012-13 2 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 ISSU ED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHO LDS PERTAINING TO TAX EFFECTS. AS PER AFORESAID CIRCULAR ALL PENDING AP PEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LI TIGATION WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE THE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS A ND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE. 3. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED THE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. 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 AFO RESAID CBDT CIRCULAR IN ANY MANNER. 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN OPEN COURT ON 18 - 11- 2019 SD/- SD/- (AMARJIT SINGH) (MAHAVIR PRASA D) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 18/11/2019 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED.