ACIT,Central-2, Indore V. Shri Rishabh Jain, Indore

ITA 302/Ind/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3674 (ITAT-INDORE)
• Duration Of Justice: 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2018-2019
• Appeal Filed On: 14-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI MANISH BORAD, ACCOUNTANT MEMBER I.T.A. NOS.301 & 302/IND/2020 (ASSESSMENT YEARS: 2018-19) THE ACIT, CENTRAL -2, BHOPAL THE ACIT, CENTRAL-2, INDORE VS. VS. SHRI MIKESH JAIN 06, JANKI NAGAR, ANNEXE, INDORE (M.P.) PAN NO. ABJPJ0372J SHRI RISHABH JAIN 06, JANKI NAGAR, ANNEXE, INDORE (M.P.) PAN NO. ABJPJ0371M ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI HARSHIT BARI, SR. D.R. RESPONDENT BY : SHRI KUNAL AGRAWAL, C.A. DATE OF HEARING 29.09.2021 DATE OF PRONOUNCEMENT 30.09.2021 O R D E R PER MAHAVIR PRASAD - JM: THE CAPTIONED APPEALS HAVE BEEN FILED AT THE INSTAN CE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF IN COME TAX (APPEALS)-3, AHMEDABAD (CIT(A) IN SHORT), DATED 20 .03.2020 ARISING OUT OF ASSESSMENT ORDER DATED 04.12.2019 FOR AY 2018-19 . 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEALS FILED BY THE REVENUE IS H IT BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISI NG THE PREVIOUS ITA NO.301 & 302/IND/2020 ASST.YEAR 2018-19 - 2 THRESHOLDS PERTAINING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 279/MISC/M-93/2018 -ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DA TED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE TO ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WIT H INSTRUCTION, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE D ISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFECT DOES N OT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT R S.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THERE FORE APPEALS OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 3. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SH OWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. 4. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A RE DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 30 / 09/2021 SD/- SD/- S-SDSD S (MANISH BORAD) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 30 /09/2021 RAJESH, SR. PS TRUE COPY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. () / THE CIT(A)- 5. , ! ', #$%% / DR, ITAT, INDORE 6. &' () / GUARD FILE. / BY ORDER, (DY./ASSTT.REGISTRAR) ITAT, INDORE ITA NO.301 & 302/IND/2020 ASST.YEAR 2018-19 - 3 1. DATE OF DICTATION 29.09.2021 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER .09.2021 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S .09.2021 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT .09.2021 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S .09.2021 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .09.2021 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER