ITO, Ward-5(1), Surat v. Dhansukhlal K. Jariwala
[Citation -2016-LL-1014-39]

Citation 2016-LL-1014-39
Appellant Name ITO, Ward-5(1), Surat
Respondent Name Dhansukhlal K. Jariwala
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 14/10/2016
Assessment Year 2005-06
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: PAN : AAYPJ 7491 G. Revenue by : Shri Prasoon Kabra, Sr.DR Assessee by : None Date of Hearing : 14/10/2016 Date of Pronouncement: 14/10/2016 ORDER The present four appeals are directed at the instance of the assessee against common order of the ld. In all four appeals, common issue is raised by the Revenue. At the outset, a query from the Bench, as to admissibility of Revenue s appeals, in view of latest CBDT instruction, wherein the CBDT prohibited the ITA No.1497/Ahd/2013 and 3 Others 2 Revenue from filing of appeals before the Tribunal where tax effect is below Rs.10 lakhs, the ld. As per the latest CBDT Circular no.21/2015 dated 10.12.2015, the CBDT has restricted the Department not to file appeal where tax effect is below Rs.10 lakhs before the Tribunal. Admittedly, tax effect in individual appeals of the Revenue is below Rs.10 lakhs and they are hit by the above CBDT Circular. Further, the above circular has retrospective effect, and therefore, appeals of the Revenue pending as on the date and fall within the monetary limit, are also covered by the Circular, and therefore, the present appeals are not maintainable. In the result, all the appeals of the Revenue are dismissed.


IN INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER ITA.No.1497, 1498, 1499 and 1500 Ahd/2013 Asstt. Year: 2005-06, 2006-07, 2007-08 and 2008-09 ITO, Ward-5(1) Shri Dhansukhlal K. Jariwala Surat. Vs 10-926, Amliran Nr. Sanskrit Pathasala Surat. PAN : AAYPJ 7491 G. (Appellant) (Respondent) Revenue by : Shri Prasoon Kabra, Sr.DR Assessee by : None Date of Hearing : 14/10/2016 Date of Pronouncement: 14/10/2016 ORDER present four appeals are directed at instance of assessee against common order of ld.Commissioner of Income-tax (Appeals)-I, Surat dated 18.3.2013 for above four assessment years. 2. In all four appeals, common issue is raised by Revenue. Revenue is aggrieved by action of ld.CIT(A) in deleting penalties levied by AO under section 221(1) of Income Tax Act, 1961 in respective assessment years. 3. At outset, query from Bench, as to admissibility of Revenue s appeals, in view of latest CBDT instruction, wherein CBDT prohibited ITA No.1497/Ahd/2013 and 3 Others 2 Revenue from filing of appeals before Tribunal where tax effect is below Rs.10 lakhs, ld.DR unable to controvert same. 4. We find that Revenue has filed above appeals before Tribunal on 21.5.2013. As per latest CBDT Circular no.21/2015 dated 10.12.2015, CBDT has restricted Department not to file appeal where tax effect is below Rs.10 lakhs before Tribunal. Admittedly, tax effect in individual appeals of Revenue is below Rs.10 lakhs and they are hit by above CBDT Circular. Further, above circular has retrospective effect, and therefore, appeals of Revenue pending as on date and fall within monetary limit, are also covered by Circular, and therefore, present appeals are not maintainable. They are, accordingly, dismissed. 5. It is further observed that if on re-verification at end of AO, it came to notice that tax effect is more or it falls within ambit of exceptions provided in Instruction, then Department will be at liberty to approach Tribunal for recall of this order. Such application should be filed within limitation prescribed under law. 6. In result, all appeals of Revenue are dismissed. Order pronounced in Court on 14th October, 2016 at Ahmedabad. Sd/- (RAJPAL YADAV) JUDICIAL MEMBER Ahmedabad; Dated 14/10/2016 ITO, Ward-5(1), Surat v. Dhansukhlal K. Jariwala
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