Asstt. CIT, RAIPUR (CG) V. M/s Xpress Mining Private Limited, RAIPUR (CG)

ITA 104/BIL/2012

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4921 (ITAT-RAIPUR)
• Duration Of Justice: 6 year(s) 9 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 06-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V B SARGAR
• Assessee Lawyers: S R RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER AND DR. MITHA LAL MEENA, ACCOUNTANT MEMBER ITA NOS.103 & 104/RPR/2012 ASSESSMENT YEARS : 2006-07 & 2008-09 ACIT, CIRCLE-2(1) RAIPUR (CG). VS. XPRESS MINING PRIVATE LIMITED, C/O SHRI PAWAN KUMAR AGRAWAL, PYARELAL AGRAWAL MARG PUNJAB OIL MILL GALI RAMSAGARPARA, RAIPUR (CG). PAN : AAACX0411B (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI V. B. SARGAR, ADDL. CIT ASSESSEE BY : SHRI S. R. RAO, ADV. DATE OF HEARING : 13-05-2019 DATE OF PRONOUNCEMENT : 13-05-2019 O R D E R PER DR. MITHA LAL MEENA, AM : THERE ARE TWO APPEALS UNDER CONSIDERATION BY THE REVENUE. BOTH THE APPEALS ARE AGAINST THE COMMON ORDER OF THE CIT(A), RAIPUR (CG) DATED 31.05.2012 RELATING TO ASSESSMENT YEARS 2006-07 AND 2008-09 RESPECTIVELY. 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007-ITJ 2 ITA NOS.103 & 104/RPR/2012 (PT)] DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 3. THE LD. DR FOR THE REVENUE, ON THE OTHER HAND, FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.20 LAKHS. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS MADE BY BOTH THE SIDES. IT IS AN ADMITTED FACT THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS LESS THAN RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) RAISING THE MONETARY LIMITS FOR FILING OF THE APPEALS BEFORE THE TRIBUNAL WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13 TH MAY, 2019. SD/- SD /- (PARTHA SARATHI CHAUDHURY) (DR. MITHA LAL MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 13-05-2019. SUJEET 3 ITA NOS.103 & 104/RPR/2012 COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., RAIPUR. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY ITAT, RAIPUR