THE ITO, WARD-1(1), RAJKOT-GUJARAT vs. M/S. AYODHYAPATI INVESTMENT P. LTD., GONDAL

ITA 156/RJT/2014Status: DisposedITAT Rajkot13 August 2018AY 2009-103 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, finding it not maintainable due to the low tax effect, which was below the prescribed limit in the CBDT circular. The case did not fall under any of the exceptions mentioned in the circular.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting disallowances related to currency derivative loss, non-genuine creditors, and unexplained credit. The assessee argued for dismissal based on low tax effect as per CBDT Circular No. 3 of 2018.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the Tribunal given the low tax effect as per the prevailing CBDT circular.

Which sections of the Income-tax Act were involved?

N/A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: SHRI P. K. KEDIA & SHRI MAHAVIR PRASAD

For Appellant: Smt. Usha N.Shrote, Sr. D.R

PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. This appeal by the Revenue is directed against the order of the Ld. CIT((A), Jamnagar dated 30.12.2013 pertaining to A.Y. 2009-10, on the following grounds: 1. The Ld.CIT(A), Jamnagar has erred in law and on fact in deleting the disallowance made of Rs.4,06,702/- on account of currency derivative loss.

ITA No. 156/RJT/2014 2 . A.Y. 2009-10 2. The Ld.CIT(A), Jamnagar has erred in law and on fact in deleting the disallowance made of Rs.5,25,580/- account of non-genuine creditor. 3. The Ld.CIT(A), Jamnagar has erred in law and on fact in deleting the addition made of Rs.42,50,000/- on account of unexplained credit received in the form of off market shares from a proven non creditworthy and non genuine person. . 4. On legal and factual status of the case, the Ld.CIT(A) ought to have upheld the order of the Assessing Officer. 5. It is, prayed that order passed by the Ld.CIT(A) may be quashed and that of the Assessing Officer be restored.

At the outset, the ld. Counsel for the assessee submitted that the present appeal of the Revenue needs to be dismissed on account of low tax effect in view of the recent CBDT Circular No. 3 of 2018 dated 11.07.2018. Ld. Departmental Representative fairly admitted that the tax effect involved in this appeal is less than the limit prescribed by the aforesaid CBDT Circular.

We have heard both the parties and perused the material available on record. We find that prima-facie this appeal of the Revenue is not maintainable in view of the recent CBDT Circular No. 03/2015 in F.No.279/Misc. 142/2007-ITJ (Pt) dated 11th July 2018, vide which it has been decided by the Board that no departmental appeals should be filed before the Tribunal if the tax effect by virtue of the Commissioner of Income-tax (Appeals)’s order is below Rs. 20 lacs. The Board has provided exceptions at clause (10) of the Instructions wherein it has been provided that these instructions will not be applicable, where the Constitutional validity of the provisions of an Act/Rule is under challenge or where Board’s order, notification, instruction or circular has been held to be illegal or where Revenue Audit objection in the case has been accepted by the Department or where the addition relates to undisclosed foreign assets/bank accounts, etc. We find that the present case does not fall

ITA No. 156/RJT/2014 3 . A.Y. 2009-10 within the exception clause and the tax is less than Rs.20 lacs. Therefore, the present appeal is not maintainable and hence dismissed.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in Open Court on 13- 08- 2018

Sd/- Sd/- (P. K. KEDIA) (MAHAVIR PRASAD) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad: Dated 13 /08/2018 Rajesh Copy of the Order forwarded to:- 1. The Appellant. 2. The Respondent. 3. The CIT (Appeals) – 4. The CIT concerned. 5. The DR., ITAT, Ahmedabad. 6. Guard File. By ORDER

Deputy/Asstt.Registrar ITAT,Ahmedabad

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