DCIT, Circle-1(1)(1), Ahmedabad v. Anil Bioplus Ltd
[Citation -2019-LL-1001-79]
| Citation | 2019-LL-1001-79 |
|---|---|
| Appellant Name | DCIT, Circle-1(1)(1), Ahmedabad |
| Respondent Name | Anil Bioplus Ltd. |
| Court | ITAT-Ahmedabad |
| Relevant Act | Income-tax |
| Date of Order | 01/10/2019 |
| Assessment Year | 2010-11 |
| Judgment | View Judgment |
| Keyword Tags | retrospective effect • benefit of deduction • low tax effect |
| Bot Summary: | PAN : AABCA6331J Revenue by : Shri L.P. Jain, Sr. D.R Assessee by : None Date of Hearing : 22/08/2019 Date of Pronouncement: 01/10/2019 ORDER PER WASEEM AHMED, ACCOUNTANT MEMBER: The captioned appeal has been filed at the instance of the Revenue against the order of Learned Commissioner of Income Tax(Appeals)-1, Ahmedabad,(in short Ld.CIT(A dated 27/01/2016 arising in the matter of assessment order passed u/s.143(3) of the Income-tax Act 1961, dated 30/03/2013 relevant to Assessment Year 2010-2011. The solitary grievance of Revenue is that Ld. CIT(A) erred in law allowing the deduction under section 80JJA of the Act amounting to Rs. 1,30,95,557. After going through the grounds of appeal and the impugned orders of the Revenue authorities below, a query was raised by the Bench as to applicability and maintainability of the appeal filed by the Revenue in view of recent CBDT Circular No. 17/2019 dated 08/08/2019 restricting the filling of the appeal by the Revenue where the tax effect is below Rs. 50 lakhs. In the present case, tax effect on the total income assessed minus the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issue against which appeal is filed, is less than Rs. 50 lakhs. Further, the case of the Revenue does not fall within the ambit of exceptions provided in the Circular. In view of the above, the appeal of the Revenue is dismissed due to low tax effect. In the result, the appeal of the Revenue is dismissed. |