ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), AHMEDABAD, AHMEDABAD vs. CONCORD BIOTECH LIMITED, AHMEDABAD

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ITA 1090/AHD/2024Status: DisposedITAT Ahmedabad03 October 2024AY 2020-21Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)3 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 appeals following CBDT Circular No. 09/2024 due to low tax effect. Consequently, the assessee's cross objections were allowed.

What were the facts?

The Revenue filed appeals against assessment orders for AYs 2018-19 and 2020-21. The assessee filed cross objections. The tax effect in both appeals was below the threshold prescribed by CBDT Circular No. 09/2024.

What were the issues?

Whether appeals filed by the Revenue should be dismissed on the grounds of low tax effect as per CBDT Circular No. 09/2024.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “A” BENCH

Before: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

Date of hearing : 30-09-2024 Date of pronouncement : 03-10-2024 आदेश/ORDER PER BENCH: These two appeals are filed by the Revenue as against separate appellate orders both dated 28.03.2024 passed by the & 1090/Ahd/2024 & C.O. Nos. 21 & 22/Ahd/2024 A.Ys. 2018-19 & 2020-21 Page No 2 ACIT Vs Concord Biotech Ltd. Commissioner of Income Tax (Appeals), arising out of the separate assessment orders passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Years 2018-19 & 2020-21, whereas the assessee filed Cross Objections against the above Department appeals.

2.

At the outset, it is informed by the Counsel for the assessee that the Tax Effect in both these Asst. Year 2018-19 is Rs.51,08,360/- and Asst. Year 2020-21 is Rs.53,89,164/- which is below Rs.60,00,000/- as prescribed by the CBDT Circular No. 09/2024 dated 17/09/2024 issued u/s. 268A of the Act. Since the assessment years passed for the above assessment years are regular assessment u/s. 143(3) of the Act, the above appeals filed by the Revenue are liable to be dismissed following C. No. 09/2024.

3.

The Ld. CIT-DR appearing for the Revenue could not dispute the above facts. However he sought liberty be given to the Department to revive the above appeals in the event if the Tax Effect in the above appeals are higher.

4.

Considering the above submissions of both parties, the above appeals filed by the Revenue are hereby dismissed following CBDT Circular No. 09/2024 dated 17/09/2024 with liberty to the Department to revive the appeals, in the event, if there is change in the disputed tax in the above appeals.

5.

In the result, the appeals filed by the Revenue are hereby dismissed.

& 1090/Ahd/2024 & C.O. Nos. 21 & 22/Ahd/2024 A.Ys. 2018-19 & 2020-21 Page No 3 ACIT Vs Concord Biotech Ltd. C.O. Nos. 21 & 22/Ahd/2024 for A.Ys. 2018-19 & 2020-21

6.

The first ground raised by the assessee in the above appeals are relating to Low Tax Effect of the above appeals. Since the Revenue appeals are dismissed following CBDT Circular No. 09/2024 dated 17/09/2024, the Cross Objection raised by the Assessee is hereby allowed.

7.

In the result, Cross Objections filed by the Assessee are hereby allowed.

Order pronounced in the open court on 03-10-2024 Sd/- Sd/- (NARENDRA PRASAD SINHA) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 03/10/2024 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद

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