INCOME TAX OFFICER, WARD-2-1, ALWAR V. SHRI RAKESH KUMAR SAINI, ALWAR

ITA 1346/JPR/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0090 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 30-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ROHAN SOGANI CA DHK
• Keywords: Tax effect

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH B, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,O A JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA- @ ITA NO. 1346/JP/2018 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2010-11. THE INCOME TAX OFFICER, WARD 2(1), ALWAR. CUKE VS. SHRI RAKESH KUMAR SAINI S/O LATE SHRI KANHAIYA LAL SAINI, 35, MANU MARG, HOUSING BOARD, ALWAR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. ACGPB 4141 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT C.O. NO. 06/JP/2019 (ARISING FROM VK;DJ VIHY LA- @ ITA NO. 1346/JP/2018) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2010-11. SHRI RAKESH KUMAR SAINI S/O LATE SHRI KANHAIYA LAL SAINI, 35, MANU MARG, HOUSING BOARD, ALWAR. CUKE VS. THE INCOME TAX OFFICER, WARD 2(1), ALWAR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. ACGPB 4141 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SMT. RUNI PAL (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI ROHAN SOGANI (CA) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 05.12.2019. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 06/12/2019. VKNS'K@ ORDER PER BENCH : THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 11.09.2018 OF LD. CIT (A), ALWAR FOR THE ASSESSMENT YEAR 2010-11. THE REVENUE HAS RAISED THE SOLITARY GROUN D AS UNDER :- 2 ITA NO. 1346/JP/2018 & CO 06/JP/2019 SHRI RAKESH KUMAR SAINI, ALWAR. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW LD. CIT (A) ERRED IN DELETING THE ADDITION OF RS. 68,12,809 /- MADE BY THE AO TREATING THE SALE CONSIDERATION AS UNEXPLAIN ED INCOME UNDER THE HEAD OF INCOME FROM OTHER SOURCES, WITH OUT APPRECIATING THE MATERIAL FACTS OF THE CASE. THE TAX EFFECT IN THE GROUND RAISED BY THE REVENUE IS STATED BY THE AO AS RS.20,334,315/-. THE LD. D/R HAS NOT DISPUTED THE TAX EFFECT IN THE REVENUES APPEAL BEING NOT EXCEEDING RS. 50,00,000/- BEING PROVIDED IN THE CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019. 2. WE HAVE HEARD THE LD. D/R AS WELL AS THE LD. A/R . AT THE OUTSET, WE NOTE THAT THE TAX EFFECT IN THESE APPEALS IS NOT EXCEEDING TH E MONETARY LIMIT AS REVISED BY THE CBDT VIDE CIRCULAR DATED 08.08.2019 FOR THE PURPOSE OF FILING OF APPEAL BY THE DEPARTMENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL FROM RS. 20,00,000/- TO RS. 50,00,000/-. FOR READY REFERENCE, WE REPRODUCE THE CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 AS UNDER :- FURTHER ENHANCEMENT OF MONETARY LIMITS FOR FILING O F APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL, HIGH COURTS A ND SLPS/APPEALS BEFORE SUPREME COURT - AMENDMENT TO CIRCULAR 3 OF 2018 - M EASURES FOR REDUCING LITIGATION. CIRCULAR NO. 3/2018 DATED 11TH JULY 2018 HAS BEEN R EPLACED BY CIRCULAR NO. 17/2019 DATED 8TH AUGUST 2019 TO ENHANCE MONETARY LIMITS FO R FILING OF APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL, HI GH COURTS AND SLPS/APPEALS BEFORE SUPREME COURT FOR REDUCING LITIGATION. APPEALS/SLPS IN INCOME - TAX MATTERS MONETARY LIMIT (RS.) (PREVIOUS LIMIT) MONETARY LIMIT (RS.) (REVISED LIMIT) BEFORE APPELLATE TRIBUNAL 20,00,000 50,00,000 BEFORE HIGH COURT 50,00,000 1,00,00,000 BEFORE SUPREME COURT 1,00,00,000 2,00,00,000 3 ITA NO. 1346/JP/2018 & CO 06/JP/2019 SHRI RAKESH KUMAR SAINI, ALWAR. THE ASSESSING OFFICER SHALL CALCULATE THE TAX EFFEC T SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED ISSUES I N THE CASE OF EVERY ASSESSEE. IF, IN THE CASE OF AN ASSESSEE, THE DISPU TED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN RE SPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF THE DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT. NO APPEAL SHALL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT. FURTHER, EVEN IN THE CASE OF COMPOSITE ORDER OF ANY HIGH COURT OR APPELLATE AUTHORITY WHICH INVOLVES MORE THAN ONE ASSESSMENT YEAR AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR, NO APPEAL SHALL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFF ECT IS LESS THAN THE MONETARY LIMIT. IN CASE WHERE A COMPOSITE ORDER/ JUDGEMENT INVOLVES MORE THAN ONE ASSESSEE, EACH ASSESSEE SHALL BE DEALT WITH SEPARATELY. ACCORDINGLY, THE APPEAL OF THE DEPARTMENT IS NOT MA INTAINABLE BEING MONETARY LIMIT IS LESS THAN/NOT EXCEEDING RS. 50,00,000/-. 3. THE DEPARTMENT IS AT LIBERTY TO FILE THE MISCELL ANEOUS APPLICATION IN CASE THE TAX EFFECT IN THIS APPEAL IS FOUND TO BE MORE THEN RS. 50,00,000/- OR THE CASE FALLS IN ANY OF THE EXCEPTIONS OF THE CIRCULAR. 4. APPEAL OF THE DEPARTMENT IS DISMISSED. C.O. NO. 6/JP/2019 : AT THE TIME OF HEARING, THE LD. A/R OF THE ASSESSE E HAS STATED AT BAR THAT THE ASSESSEE DOES NOT PRESS THE CROSS OBJECTION AND THE SAME MAY BE DISMISSED AS NOT PRESSED. ACCORDINGLY, THE CROSS OBJECTION OF THE AS SESSEE IS DISMISSED BEING NOT PRESSED. 4 ITA NO. 1346/JP/2018 & CO 06/JP/2019 SHRI RAKESH KUMAR SAINI, ALWAR. 4. IN THE RESULT, APPEAL OF THE REVENUE AS WELL AS CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06/12/2019. 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 TK;IQJ@ JAIPUR FNUKAD@ DATED:- 06/12/2019. DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-THE ITO WARD 2(1), ALWAR. 2. IZR;FKHZ@ THE RESPONDENT-SHRI RAKESH KUMAR SAINI, ALWAR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 1346/JP/2018 & CO NO.6/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR