THE ACIT, CIRCLE-1(1)(2), VADODARA vs. M/S. JYOTI LTD., VADODARA

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ITA 2097/AHD/2016Status: DisposedITAT Ahmedabad09 May 2022AY 2006-073 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 appeal of the Revenue was no longer maintainable due to the low tax effect, as per CBDT Circular No. 17 of 2019, which enhanced the monetary limit for appeals. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition made on account of deferred tax in the computation of book profit under Section 115JB. The assessee argued for dismissal due to low tax effect as per CBDT Circular No. 17 of 2019.

What were the issues?

Whether the Revenue's appeal is maintainable given the low tax effect in light of the CBDT Circular No. 17 of 2019.

Which sections of the Income-tax Act were involved?

Section 115JB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD

Before: SHRI P.M. JAGTAP, VICE- & SHRI SIDDHARTHA NAUTIYAL

For Appellant: Shri Manish J. Shah, Advocate
Hearing: 09/05/2022Pronounced: 09/05/2022

आदेश / O R D E R

PER P.M. JAGTAP, VICE-PRESIDENT :

1.

The Revenue is in appeal before the Tribunal against the order of the learned Commissioner of Income-Tax (Appeals)-1, Vadodara dated 31.05.2016 passed for Assessment Year 2006-07.

2. The grounds taken by the Revenue are as follows:- “1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition made by the A.O. in the assessment order, i.e. addition made on account of deferred tax in the computation of book profit and under Section 115JB of the Act.

2.

On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in directing the AO to calculate lower of the carried forward business loss or depreciation as per book profit as against lower of the carried forward business of loss or depreciation as per computation of income under I.T. Act for the purpose of computation of book profit under provision of Section 115JB..”

ACIT Vs. M/s. Jyoti Ltd AY : 2006-07 2

3.

At the outset, the learned Counsel for the assessee submitted that the appeal of the Revenue needs to be dismissed on account of low tax effect in view of the CBDT Circular No. 17 of 2019 dated 08.08.2019. The ld. Departmental Representative fairly admitted that the tax effect is less than the limit prescribed by the aforesaid CBDT Circular.

4.

Having heard the learned Departmental Representative and having perused the material on record, we find that this appeal of the Revenue is no longer maintainable in view of the CBDT Circular 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 stands enhanced to Rs.50 lakhs. This concession granted by the Central Board of Direct Taxes (CBDT) is retrospective in effect inasmuch as it applies to all pending appeals as well. In view of the above position, the appeal of the Revenue is no longer maintainable and is dismissed as such.

5.

It is, however, made clear that on re-verification at the end of the Assessing Officer if it comes out that the tax effect of more than Rs.50 lakhs is being involved in the appeal or the appeal falls within the exemption clause of the Circular, then the Revenue will be at liberty to file Miscellaneous Application to recall the Tribunal order. The application should be filed within the time limit prescribed in the Act.

6.

In the result, appeal of the Revenue is dismissed due to low tax effect.

Order pronounced in the open Court on 9th May, 2022 at Ahmedabad.

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