Income Tax Appellate Tribunal - Ahmedabad
The Acit, Central Circle-2(4),, ... vs M/S. Creelotex Engineers Pvt. Ltd.,, ... on 11 December, 2018
आयकर अपील
य अ धकरण, अहमदाबाद यायपीठ ।
IN THE INCOME TAX APPELLATE TRIBUNAL,
"C" BENCH, AHMEDABAD
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER
AND
SHRI AMARJIT SINGH, ACCOUNTANT MEMBER
IT(SS)A.No.260/Ahd/2015
नधा रण वष / Asstt. Year: 2009-2010
ACIT, Cent.Cir.2(4) Creelotex Engineering P.Ltd.
Ahmedabad. Vs. C/o. Mehta Lodha & Co.
Chartered Accountants
105, Sakar-I, Ashram Road
Ahmedabad 380 009.
PAN : AACCCC 2970 L
(Applicant) (Responent)
Assessee by : Shri Prakash D.Shah
Revenue by : Shri M.S.A. Khan, CIT-DR
सन
ु वाई क तार ख/ Dateof Hearing : 15/10/2018
घोषणा क तार ख / Date of Pronouncement: 11/12/2018
आदे श/O R D E R
PER RAJPAL YADAV, JUDICIAL MEMBER:
Revenue is in appeal before the Tribunal against order of ld.CIT(A)-12, Ahmedabad dated 31.8.2015 passed the Asstt.Year 2009-10.
2. This appeal was heard along with appeal of the assessee for the Asstt.year 2008-09. The ld.CIT(A) has decided two appeals of the assesse for the Asstt.Year 2008-09 and 2009-10 by way of a separate order on 31.8.2015.
3. We have heard this appeal of the Revenue along with appeal of the assessee on 15.10.2018. Appeal of the assessee has already adjudicated by us vide order dated 10.12.2018. Somehow, on account of some inadvertent mistake, this appeal has been segregated and could not be dictated along with IT(SS)A No.260/Ahd/2015 2 appeal of the assessee. The addition impugned by the Revenue in its appeal relates to deletion of addition of Rs.50,18,006/-. The assessee has submitted that the appeal of the Revenue deserves to be dismissed on account of low tax effect involved in it. It has been pleaded that the CBDT has issued a circular bearing no.3 of 2018 dated 11.08.2018, vide which it has prohibited its authorities not to file appeal before the Tribunal, if tax effect by virtue of relief given by the CIT(A) is less than Rs.20 lakhs. On deletion of addition of Rs.50,18,006/- tax effect will be less than Rs.20 lakhs, and therefore, the present appeal is not maintainable in view of the above CBDT Circular. Further, ld.DR has not pointed out whether the case of the Revenue fall within the ambit of exceptions provided in the Circular or not. Thus, keeping in view the above CBDT circular and provisions of section 268A of the Income Tax Act, we are of the view that the appeal of the Revenue deserves to be dismissed. It is accordingly dismissed.
However, it is observed that in case on re-verification at the end of the AO it comes to the notice that the tax effect is more or Revenue's case falls within the ambit of exceptions provided in the Circular, then the Department will be at liberty to approach the Tribunal for recall of this order. Such application should be filed within the time period prescribed in the Act.
4. In the result, appeal of the Revenue is dismissed due to low tax effect.
Order pronounced in the Court on 11th December, 2018 at Ahmedabad.
Sd/- Sd/- (AMARJIT SINGH) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 11/12/2018