THE ACIT, CIRCLE-5, AHMEDABAD vs. RASNA PVT. LTD., AHMEDABAD

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ITA 2396/AHD/2015Status: DisposedITAT Ahmedabad22 January 2019AY 2007-082 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 dismissed the Revenue's appeal on the ground of low tax effect, as per CBDT instructions. The assessee's cross-objection was also dismissed as it was in support of the CIT(A)'s order.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) which had quashed an assessment order. The assessee filed a cross-objection supporting the CIT(A)'s order.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect and the validity of the cross-objection.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Hearing: 22/01/2019Pronounced: 22/01/2019

PER RAJPAL YADAV, JUDICIAL MEMBER: Revenue is in appeal before the Tribunal against order of ld.CIT(A)-9, Ahmedabad dated 19.5.2015 passed for the Asstt.Year 2007-08. On receipt of notice on the Revenue’s appeal, the assessee has filed cross objection bearing no.CO No.175/Ahd/2015.

2.

Only ground raised in the appeal of the Revenue is that the ld.CIT(A) has in quashing the order passed under section 143(3) r.w.s. 147 of the Income Tax Act.

3.

The ld. counsel for the assessee at the outset submitted that the appeal of the Revenue deserves to be dismissed on account of low tax effect involved

ITA No.2396/Ahd/2015 with CO 2 in it. He submitted that the tax effect on the assessed income of Rs.43,64,582/- is below Rs.20 lakhs, and therefore, by virtue of the CBDT instruction bearing no.3 of 2018 dated 11.08.2018, the Revenue is prohibited from filing appeal before the Tribunal therefore, the present appeal is not maintainable at the threshold. The ld.DR has not disputed applicability of above circular cited by the ld.counsel for the assessee, has not pointed out whether the case of the Revenue fall within the ambit of exceptions provided in the Circular or not. Thus, keeping in view the above CBDT circular, which is applicable to pending appeals also, and provisions of section 268A of the Income Tax Act, we are of the view that the appeal of the Revenue deserves to be dismissed. It is accordingly dismissed. However, it is observed that in case on re-verification at the end of the AO it comes to the notice that the tax effect is more or Revenue’s case falls within the ambit of exceptions provided in the Circular, then the Department will be at liberty to approach the Tribunal for recall of this order. Such application should be filed within the time period prescribed in the Act.

4.

As far as CO filed by the assessee is concerned, the same is merely in support of the order of the ld.CIT(A) and hence not sustainable for adjudication. It stands dismissed.

5.

In the result, appeal of the Revenue is dismissed due to low tax effect. CO of the Revenue is also dismissed. Order pronounced in the Court on 22nd January, 2019 at Ahmedabad.

Sd/- Sd/- (AMARJIT SINGH) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER

Ahmedabad; Dated 22/01/2019

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