Income Tax Appellate Tribunal - Rajkot
The Ito, Ward-2(3),, Porbandar vs Shri Tulsibhai P. Ladani,, ... on 18 August, 2023
M.A. Nos.35, 36 & 37/RJT 2019
(In ITA Nos.249, 250 & 251/RJT/2015)
A.Ys. 2007-08, 2008-09 & 2009-10
IN THE INCOME TAX APPELLATE TRIBUNAL
RAJKOT BENCH, RAJKOT
(Conducted through E-Court at Ahmedabad)
BEFORE Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER AND
SHRI WASEEM AHMED, ACCOUNTANT MEMBER
M.A. Nos.35, 36 & 37/RJT/2019
(In ITA Nos.249, 250 & 251/RJT/2015)
Assessment Years: 2007-08, 2008-09 & 2009-10
The Income Tax Officer, Shri Tulsibhai P. Ladani,
Ward - 2(3), 301, Sampati Tower-III,
Porbandar B/h. Oddessey Tower,
Kalawad Road,
Rajkot
[PAN - AARPL 1848 G]
(Appellant) (Respondent)
Assessee by Shri Dushyant Maharshi, AR
Revenue by Shri Abhimanyu Singh , Sr. DR
Date of Hearing 11.08.2023
Date of Pronouncement 18.08.2023
ORDER
PER SUCHITRA KAMBLE, JUDICIAL MEMBER :
These Miscellaneous Applications are filed by the Revenue in respect of order dated 18.09.2018 passed by the Tribunal.
2. The Ld. DR submitted that the Tribunal has dismissed Revenue's appeals on the ground of low tax effect but from the perusal of the assessment records, it appears that the assessments were reopened on the basis of information received from the CBI, Gandhi Nagar through REIC regarding misappropriation of funds amounting to Rs.5.24 crores by the assessee who incidentally was an employee of State Bank of India, Kutiyana. Therefore, in respect of CBDT Circular No.3 of 2018 dated 11.07.2018 wherein in paragraph no.10 it has been stated that the matters where the addition is based on information received from external sources in the 1 M.A. Nos.35, 36 & 37/RJT 2019 (In ITA Nos.249, 250 & 251/RJT/2015) A.Ys. 2007-08, 2008-09 & 2009-10 nature of low enforcement agencies, the circular of low tax effect will not be applicable in such case and the mater may be contested on merit.
3. The Ld. AR submits that there is an information received from the CBDT, Gandhi Nagar in assessee's case.
4. We have heard both the parties and perused all the relevant material available on record. It appears that the exception given in paragraph no.10 of the CBDT letter no.F.No.279/Misc/142/2007-ITJ/(PT) dated 20.08.2018, the present appeals are not coming under the purview of low tax effect. Therefore, order dated 18.09.2018 passed in ITA Nos.249, 250 & 251/RJT/2015 is hereby recalled and the appeals are fixed for fresh hearing on 20.09.2023 on merit. The Registry is directed to place these appeals for hearing. Both the parties have been informed accordingly in the open court and, therefore, no notice is required.
5. In the result, all the three Miscellaneous Applications filed by the Revenue are allowed.
Order pronounced in the open Court on this 18th August, 2023.
Sd/- Sd/-
(WASEEM AHMED) (SUCHITRA KAMBLE)
Accountant Member Judicial Member
Ahmedabad, the 18 th day of August, 2023
PBN/*
Copies to: (1) The appellant
(2) The respondent
(3) CIT
(4) CIT(A)
(5) Departmental Representative
(6) Guard File
By order
UE COPY
Assistant Registrar
Income Tax Appellate Tribunal
Ahmedabad benches, Ahmedabad
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