The Asstt. Commissioner of Income Tax, Circle-1(2),, Ahmedabad v. Shri Sanjay Ramchandra Patel,, Ahmedabad

ITSSA 2/AHD/2017 | 2010-2011
Pronouncement Date: 13-11-2019 | Result: Dismissed

Appeal Details

RSA Number 220516 RSA 2017
Assessee PAN ABDPP0275C
Bench Ahmedabad
Appeal Number ITSSA 2/AHD/2017
Duration Of Justice 2 year(s) 10 month(s) 8 day(s)
Appellant The Asstt. Commissioner of Income Tax, Circle-1(2),, Ahmedabad
Respondent Shri Sanjay Ramchandra Patel,, Ahmedabad
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 13-11-2019
Appeal Filed By Department
Tags low tax effect
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 13-11-2019
Date Of Final Hearing 23-10-2019
Next Hearing Date 23-10-2019
Last Hearing Date 23-10-2019
First Hearing Date 18-07-2019
Assessment Year 2010-2011
Appeal Filed On 04-01-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD BEFORE SHRI RAJPAL YADAV JUDICIAL MEMBER AND SHRI AMARJIT SINGH ACCOUNTANT MEMBER ( (( ( ) )) ) ./ IT(SS) A NO. 2/AHD/2017 / ASSESSMENT YEAR: 2010-11 ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE 1 (2) AHMEDABAD VS. SHRI SANJAY RAMCHANDRA PATEL 3A BHARTI SOCIETY ELLISBRIDGE AHMEDABAD 380059 PAN : ABDPP 0275 C / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI VINOD TANWANI SR DR ASSESSEE BY : SHRI BIREN SHAH AR ' / DATE OF HEARING : 23/10/2019 / DATE OF PRONOUNCEMENT: 13/11/2019 / O R D E R PER RAJPAL YADAV JUDICIAL MEMBER: THE REVENUE IS IN APPEAL BEFORE THE TRIBUNAL AGAINS T THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-4 AHM EDABAD DATED 04.10.2016 PASSED FOR ASSESSMENT YEAR 2010-11. 2. THE GROUND TAKEN BY THE REVENUE IS AS FOLLOWS:- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN LAW AND/OR ON FACTS IN DELETING THE ADDITION OF RS.1 15 13 210/- AS INCORRECT CLAIM OF DEDUCTION U/ S 54F OF THE I.T. ACT. 3. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING LEA RNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE PRESENT APPEAL OF THE R EVENUE NEEDS TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF T HE RECENT CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 WHEREBY THE MONETAR Y LIMITS FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL WAS ENHAN CED FROM RS.20 LAKHS TO RS.50 LAKHS. THIS INSTRUCTION IS APPLICABLE TO THE PENDING CASES ALSO. THEREFORE THE PRESENT APPEAL OF THE REVENUE IS LIA BLE TO BE DISMISSED AS NON-MAINTAINABLE AS HELD BY THIS TRIBUNAL IN THE CA SE OF ITO VS. DINESH MADHAVLAL PATEL IN ITA NO.1398/AHD/2004 FOR AY 1998 -99 VIDE A CONSOLIDATED ORDER DATED 14.08.2019. IT(SS)A NO. 2/AHD/2017 ACIT VS. SANJAY RAMCHANDRA PATEL FOR AY: 2010-11 2 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN THE LIMI T PRESCRIBED BY THE AFORESAID CBDT CIRCULAR. 5. WE HAVE HEARD THE RIVAL CONTENTIONS PERUSED THE MATERIAL ON RECORD AND DULY CONSIDERED FACTS OF THE CASE IN THE LIGHT OF APPLICABLE LEGAL POSITION. AS LEARNED COUNSEL RIGHTLY CONTENDS THE PRESENT AP PEAL OF THE REVENUE IS NO LONGER MAINTAINABLE IN VIEW OF THE RECENT CBDT CIRC ULAR NO. 17 OF 2019 DATED 08.08.2019. THE MANDATORY LIMIT FOR CASES IN WHICH REVENUE CAN CHALLENGE THE RELIEF GRANTED BY THE CIT(A) NOW STAN DS ENHANCED TO RS.50 LAKHS. THIS CONCESSION GRANTED BY THE CENTRAL BOAR D OF DIRECT TAXES (CBDT) IS RETROSPECTIVE IN EFFECT INASMUCH AS IT APPLIES T O ALL PENDING APPEALS AS WELL. IN VIEW OF THE ABOVE POSITION THE APPEAL FI LED BY THE REVENUE IS NO LONGER MAINTAINABLE AND IS DISMISSED AS SUCH. 6. IT IS HOWEVER MADE CLEAR THAT ON RE-VERIFICATI ON AT THE END OF THE ASSESSING OFFICER IT COMES OUT THAT THE TAX EFFECT OF MORE THAN RS.50 LAKHS IS BEING INVOLVED IN THE APPEAL OR THE APPEAL FALLS WI THIN THE EXEMPTION CLAUSE OF THE CIRCULAR THEN THE REVENUE WILL BE AT LIBERT Y TO FILE MISCELLANEOUS APPLICATION TO RECALL THE TRIBUNAL ORDER. THE APPLI CATION SHOULD BE FILED WITHIN TIME LIMIT PRESCRIBED IN THE ACT. 7. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSE D DUE TO LOW TAX EFFECT. ORDER PRONOUNCED IN THE COURT ON 13 TH NOVEMBER 2019 AT AHMEDABAD. SD/- SD/- (AMARJIT SINGH) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 13/11/2019 BIJU T. SR.PS ' '() *) / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ' / CONCERNED CIT 4. ' ( ) / THE CIT(A) 5. % / DR ITAT AHMEDABAD 6. / GUARD FILE . / BY ORDER TRUE COPY / ( DY./ASSTT.REGISTRAR) / ITAT AHMEDABAD