DCIT, CIR.1(1)(1), AHMEDABAD vs. ADANI PROPERTIES PVT LTD., AHMEDABAD

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ITA 2742/AHD/2017Status: DisposedITAT Ahmedabad11 September 2019AY 2014-153 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeals were not maintainable based on the CBDT circular regarding monetary limits for filing appeals. The appeals were dismissed without prejudice to the Revenue's right to seek restoration if the circular is found inapplicable.

What were the facts?

The Revenue filed appeals against the CIT(A)'s orders for Assessment Years 2013-14 and 2014-15. The assessee argued that the appeals were not maintainable due to a low tax effect, citing a recent CBDT circular.

What were the issues?

Whether the Revenue's appeals are maintainable given the low tax effect as per the latest CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 14A,Section 115JB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI MAHAVIR PRASAD & SHRI WASEEM AHMED

For Respondent: Shri Biran Shah, AR
Hearing: 11/09/2019

आदेश/O R D E R

PER MAHAVIR PRASAD- JM: These two appeals filed by the Revenue for A.Ys. 2013-14 & 2014-15, arise from order of the CIT(A)-1, Ahmedabad dated 29.06.2016 & 21.09.2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.

2.

The ground of appeal

1.

raised by the Revenue reads as under:- “1. On the fact and in the circumstances of the case and in law, the CIT(A) ought to have upheld the order of the & 2742/AHD/2017 A.Ys. 2013-14 & 2014-15 Assessing Officer to the extent mentioned above since the assessee has failed to disclose his true income/book profit.

2. The appellant prays that the order of CIT(A) on the above grounds be set aside and that of the Assessing Officer be restored to the above extent. The appellant craves, to leave, to amend or alter any ground or add a new ground which may be necessary.” :- “1. That the ld.CIT(A) has erred in law and on facts in restricting the disallowance u/s. 14Aofo the Act of Rs. 1m49,43,770/- to Rs. 57,86,485/-.

2. That the ld. CIT(A) has erred in holding that addition of Rs. 1,49,43,770/- is not to be made while computing the Book Profit u/s. 115JB of the Act.

3. The appellant craves, to leave, to amend and/or to alter any ground or add a new ground which may be necessary.”

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.

4.

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 & 2742/AHD/2017 A.Ys. 2013-14 & 2014-15 showing inapplicability of the aforesaid CBDT Circular in any manner.

5.

In the result, the appeal of the Revenue is dismissed.

This Order pronounced in Open Court on 11/09/2019

Sd/- Sd/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 11/09/2019 TANMAY TRUE COPY 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 आयकर अपील�य अ�धकरण,अहमदाबाद । 1.Date of dictation on 23.08.2019 (Low Tax Effect Format) 2.Date on which the typed draft is placed before the Dictating Member 23.08.2019 3.Date on which the approved draft comes to the Sr.P.S./P.S. 11.09.2019 4.Date on which the fair order is placed before the Dictating Member for Pronouncement 23.08.2019 5.Date on which the fair order comes back to the Sr.P.S./P.S 11.09.2019 6.Date on which the file goes to the Bench Clerk 11.09.2019 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………

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