ANISH RAJ SETHI, Jaipur V. DCIT, Jaipur

CO 16/JPR/2016

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 4109 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 11 month(s) 6 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 01-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KARTIKEYA SHARMA DHK
• Keywords: Tax effect; Reassessment proceedings
• Section: 148

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,OA JH FOE FLAG ;K NO ] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SING H YADAV, AM VK;DJ VIHY LA-@ ITA NO. 99/JP/2016 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11. THE DCIT, CIRCLE-3, JAIPUR. CUKE VS. SHRI ANISH RAJ SETHI 16-A, VAISHALI NAGAR, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AEVPS 3832 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT C.O. NO. 16/JP/2016 (ARISING OUT OF VK;DJ VIHY LA-@ ITA NO. 99/JP/2016) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11. SHRI ANISH RAJ SETHI 16-A, VAISHALI NAGAR, JAIPUR. CUKE VS. THE DCIT, CIRCLE-3, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AEVPS 3832 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAJENDRA JHA (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI KARTIKEYA SHARMA (ADVOCATE) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 06.08.2018. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 07/08/2018. VKNS'K@ ORDER PER VIJAY PAL RAO, JM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 24.11.2015 OF LD. CIT (A)-I, JAIPUR FOR THE ASSESSMENT YEAR 2010- 11. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS :- WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT (A) HAS ERRED IN DELETING ADDITI ON OF RS. 53,02,780/- MADE BY THE A.O. ON ACCOUNT OF UNDISCLO SED INCOME. 2 ITA NO. 99/JP/2016 SHRI ANISH RAJ SETHI, JAIPUR. 2. THE DISPUTE IN THIS APPEAL OF THE REVENUE IS REG ARDING THE DELETION OF ADDITION OF RS. 53,02,780/- MADE BY THE AO ON ACCOUNT OF UND ISCLOSED INCOME. ADMITTEDLY THE TAX EFFECT IN THE REVENUES APPEAL IS NOT EXCEE DING THE LIMIT OF RS. 20 LACS AS PER CBDT CIRCULAR NO. 3 OF 2018. 2.1. THE LD. D/R HAS FAIRLY SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE REVENUES APPEAL IS LESS THAN 20 LACS WHICH IS PRESCRIBED THR ESHOLD LIMIT IN TERMS OF THE CBDT CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 ISSUED IN SUPERSESSION OF ITS EARLIER C IRCULAR NO. 21 OF 2015 DATED 10.12.2015. 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. IT IS OBSERVED THAT THE DEMAND/ TAX EFFECT IN THE REVENUES APPEAL IN QUESTION IS BELOW RS. 20.00 LACS . UNDER THE POWERS VESTED BY SECTION. 268A(1) OF THE I T ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 (F NO. 279/MISC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS. 20 LACS. THE CIRCULAR IS SPECIFICALLY MENTIONED TO BE APPLICABLE FOR ALL PENDING APPEALS. 4. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIREC TED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS NOT EXCEEDING THAN 20 LACS SHOULD BE EITHER WITHDRAWN O R NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 5. THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPT IONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY CBDT FOR THE APPEAL, THE APPEA L OF THE ASSESSEE IS NOT 3 ITA NO. 99/JP/2016 SHRI ANISH RAJ SETHI, JAIPUR. MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07.2018. ACCORDINGLY THE APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PR ESSED/WITHDRAWN. CROSS OBJECTION NO. 16/JP/2016. THE ASSESSEE HAS FILED THE CROSS OBJECTION ON THE FOLLOWING GROUNDS :- 1. IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT (A) HAS ERRED IN CONFIRMING THE VALIDITY OF ACTION OF LD. AO IN ISSUING THE NOTICE U/S 148 OF THE INCOME TAX ACT, 1 961. THE ACTION OF THE LD. CIT (A) IS ILLEGAL, UNJUSTIFIED, ARBITRARY AND AGAINST THE FACTS OF THE CASE. RELIEF MAY PLEASE BE GRANTED BY QUASHING THE REASSESSMENT PROCEEDINGS BEING ILLEGAL AND WITHOUT ANY BASIS. 2. THE ASSESSEE CRAVES ITS RIGHTS TO ADD, AMEND OR ALTER ANY OF THE GROUNDS ON OR BEFORE THE HEARING. 6. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE STATED AT BAR THAT AS THE ASSESSEE DOES NOT WANT TO PRESS THE CROSS OBJECTION ON THE GROUND THAT THE APPEAL OF THE REVENUE BEING NOT MAINTAINABLE ON ACCOUNT OF TAX LI MIT NOT EXCEEDING RS. 20 LACS AS PER THE CBDT CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 AND IS DISMISSED, THEREFORE, THE CROSS OBJECTION OF THE ASSESSEE MAY BE DISMISSED AS NOT P RESSED. ACCORDINGLY, THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED BEING NOT PR ESSED. 7. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07/08/ 2018. SD/- SD/- ( FOE FLAG ;KNO ) ( FOT; IKY JKWO (VIKRAM SINGH YADAV ) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 07/08/2018. DAS/ 4 ITA NO. 99/JP/2016 SHRI ANISH RAJ SETHI, JAIPUR. VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- THE DCIT, CIRCLE-3, JAIPUR. 2. THE RESPONDENT SHRI ANISH RAJ SETHI, JAIPUR. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 99/JP/2016 & CO NO. 16/JP/20 16) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 5 ITA NO. 99/JP/2016 SHRI ANISH RAJ SETHI, JAIPUR.