THE ITO, WARD-3(1),, JAMNAGAR vs. SHRI MOHANLAL K. JAIN,, JAMNAGAR
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Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: SHRI PRADIP KUMAR KEDIA
आदेश/O R D E R
PER BENCH: The appeal filed by the Revenue for A.Y. 2006-07, arise from order of the CIT(A), Jamnagar dated 09.04.2015, in proceedings under Section 143(3) r.w.s. 254 of the Income Tax Act, 1961; in short “the Act”.
The ground of appeal raised by the Revenue reads as under:-
“1. The Ld. CIT(A)has erred in law as well on facts in adopting the GP @3.5% as against the GP taken by the AO @32.35%. 2. On the basis of the facts and circumstances of the case, the learned CIT(A) ought to have upheld the order of the Assessing Officer. 3. That the revenue craves leaves to add, amend, alter or withdraw any ground of appeal.
ITA No. 344/RJT/2015 A.Y. 2006-07 2 4. It is therefore prayed that the order of the CIT(A), Jamnagar may kindly be set aside and that of Assessing Officer be restored.” 3. 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.17 of 2019 dated 08/08/2019 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.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 and therefore appeal of the Revenue is required to be dismissed in limine.
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 aforesaid CBDT Circular in any manner.
In the result, the appeal of the Revenue is dismissed.
This Order pronounced in Open Court on 03/12/2020
Sd/- Sd/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad: Dated 03/12/2020 TRUE COPY TANMAY, Sr. PS
TRUE TRUE COPY
ITA No. 344/RJT/2015 A.Y. 2006-07 3
आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4.आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध,आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,
उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, राजोक/ITAT, Rajkot
1.Date of dictation on 01.12.2020 (Low Tax Effect Format) 2.Date on which the typed draft is placed before the Dictating Member 01.12.2020 3.Date on which the approved draft comes to the Sr.P.S./P.S. .12.2020 4.Date on which the fair order is placed before the Dictating Member for Pronouncement .12.2020 5.Date on which the fair order comes back to the Sr.P.S./P.S 03.12.2020 6.Date on which the file goes to the Bench Clerk 04.12.2020 7.Date on which the file goes to the Head Clerk…………. 8.The date on which the file goes to the Asstt. Registrar for signature on the order…………………… 9.Date of Despatch of the Order………
