Income Tax Appellate Tribunal - Ahmedabad
The Dcit(Osd)Circle-9,, Ahmedabad vs M/S. Sorath Builders,, Ahmedabad on 10 October, 2019
आयकर अपीलीय अिधकरण,
अिधकरण अहमदाबाद यायपीठ 'बी' अहमदाबाद।
IN THE INCOME TAX APPELLATE TRIBUNAL
"B" BENCH, AHMEDABAD
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND
SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER
आयकर अपील सं./ ITA No. 1296/Ahd/2014
िनधा रण वष / Assessment Year : 2010-11
Sorath Builders, Assistant Commissioner of
92, Citi Centre, Near Swastik Vs Income-tax (OSD),
Cross Roads, CG Road, Circle-9,
Navrangpura, Ahmedabad Ahmedabad
PAN: AAHFS 7484 F
आयकर अपील सं./ ITA No. 1882/Ahd/2014
िनधा रण वष / Assessment Year : 2010-11
Deputy Commissioner of Sorath Builders,
Income-tax (OSD), Vs 92, Citi Centre, Near Swastik
Circle-9, Cross Roads, CG Road,
Ahmedabad Navrangpura, Ahmedabad
PAN: AAHFS 7484 F
अपीलाथ /
अपीलाथ (Appellant) यथ
यथ /
थ (Respondent)
Assessee by : Shri Rohan Popat, AR
Revenue by : Shri Mudit Nagpal, Sr DR
Date of Hearing : 10/10/2019
Date of Pronouncement in Court : 10/10/2019
आदेश/O R D E R
PER RAJPAL YADAV, JUDICIAL MEMBER:
The Revenue and the assessee are in cross-appeals against the order of the learned CIT(A)-XX, Ahmedabad dated 31.03.2014 passed for Assessment Year 2010-11.
2. As far as the appeal of the assessee is concerned, the learned Counsel for the assessee made a statement at the Bar that the assessee does not want to pursue its appeal; therefore, it is dismissed as not pressed.
3. As far as the appeal of the Revenue is concerned, it has taken four grounds of appeal, out of which ground nos. 3 & 4 are general in nature. In ITA Nos. 1296 & 1882/Ahd./2014 Assessee : Sorath Builders AY : 2010-11 2 ground nos. 1 & 2, the Revenue has pleaded that learned CIT(A) has erred in deleting the addition of Rs.10,50,000/-, which was added by the Assessing Officer on account of unsecured loan, and in deleting the addition of Rs.76,32,720/- out of total addition of Rs.92,82,225/-. A perusal of the grounds of appeal would indicate that the tax effect by virtue of relief given by the learned CIT(A) on both these issues is less than Rs.50 lakhs. Therefore, the present appeal of the Revenue is no longer maintainable in view of the recent 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 filed by the Revenue is no longer maintainable and is dismissed as such.
4. It is, however, made clear that on re-verification at the end of the Assessing Officer 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 time limit prescribed in the Act.
5. In the result, appeal of the assessee and Revenue, both are dismissed.
Order pronounced in the Court on 10th October, 2019 at Ahmedabad.
Sd/- Sd/- (PRADIP KUMAR KEDIA) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 10/10/2019 *Biju T., Sr. PS
आदेश क ितिलिप अ ेिषत/Copy of the Order forwarded to :
ITA Nos. 1296 & 1882/Ahd./2014 Assessee : Sorath Builders AY : 2010-11 3
1. अपीलाथ / The Appellant
2. यथ / The Respondent.
3. संबंिधत आयकर आयु / Concerned CIT
4. आयकर आयु (अपील) / The CIT(A)
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाड फाईल / Guard file.
आदेशानुसार/ BY ORDER, TRUE COPY उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad
1. Date of dictation- ...covered by CBDT circular ....10.10.2019
2. Date on which the typed draft is placed before the Dictating Member ....10.10.2019 ...
Other member ......10.10.2019 .......
3. Date on which the approved draft comes to the Sr.P.S./P.S. - 10.10.2019 ...
4. Date on which the fair order is placed before the Dictating Member for Pronouncement ...10.10.2019
5. Date on which the file goes to the Bench Clerk... 10.10.2019 ...
6. Date on which the file goes to the Head Clerk..................................
7. The date on which the file goes to the Assistant Registrar for signature on the order......
8. Date of Despatch of the Order..................