Income Tax Officer-1 , Khandwa V. Smt. Padma Bai Jain, Khandwa

ITA 328/Ind/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4777 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 19-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA GUPTA
• Assessee Lawyers: N D PATWA
• Keywords: Tax effect

Judgement Text

ITA NO.328 OF 2018 SMT. PADMA BAI JAIN 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE JH DQY HKKJR] U;KF;D LNL; RFKK JH EUH'K CKSJM] YS[KK LNL; DS LE{K JH DQY HKKJR] U;KF;D LNL; RFKK JH EUH'K CKSJM] YS[KK LNL; DS LE{K JH DQY HKKJR] U;KF;D LNL; RFKK JH EUH'K CKSJM] YS[KK LNL; DS LE{K JH DQY HKKJR] U;KF;D LNL; RFKK JH EUH'K CKSJM] YS[KK LNL; DS LE{K BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & SHRI MANISH BORAD, ACCOUNTANT MEMBER ITO-1, KHANDWA VS. SMT. PADMA BAI JAIN, KHANDWA .. ./ PAN: BAGPB 5264 M / APPELLANT / RESPONDENT / APPELLANT BY SMT. ASHIMA GUPTA, CIT / RESPONDENT BY SHRI N.D. PATWA, ADV. DATE OF HEARING 14.5.2019 DATE OF PRONOUNCEMENT 15.5.2019 / O R D E R PER SHRI KUL BHARAT, JM THIS APPEAL FILED BY THE REVENUE IS AGAINST THE ORD ER DATED 22.1.2018 OF LD. COMMISSIONER OF INCOME-TAX (APPEAL S)-2, INDORE FOR THE ASSESSMENT YEAR 2013-14. 2. AT THE OUTSET OF THE HEARING, THE LEARNED COUNSE L FOR THE ASSESSEE SUBMITTED THAT PRESENT APPEAL IS NOT MAINTAINABLE A S THE TAX EFFECT . . ./ I.T.A. NO.328/IND/2018 %' ' / ASSESSMENT YEAR: 2013-14 ITA NO.328 OF 2018 SMT. PADMA BAI JAIN 2 INVOLVED IN THE PRESENT APPEAL IS BELOW THE PRESCRI BED LIMIT. FURTHER, HE HAS ALSO FILED A CHART SHOWING TAX EFFECT INVOLV ED IN THE PRESENT APPEAL. 3. ON THE OTHER HAND, THE LD. CIT/DR HAS NOT POINTE D OUT THAT THE ISSUE INVOLVED IN THE PRESENT APPEAL FALLS UNDER TH E EXCEPTIONS AS NARRATED IN THE CBDT CIRCULAR NO.3/2018 ISSUED ON 1 1.7.2018. 4. WE HAVE HEARD BOTH THE SIDES. WE FIND THAT THE C BDT VIDE CIRCULAR NO.3/2018 ISSUED ON 11.7.2018 HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEAL BEFORE ITAT FIXING THE TAX EFF ECT LIMIT AT RS.20 LACS. THE SAID CIRCULAR SUPERSEDES THE EARLIER INSTRUCTIO NS/CIRCULAR ISSUED ON THE SUBJECT OF TAX EFFECT AND APPLIES TO ALL PENDIN G APPEALS RETROSPECTIVELY. AS PER THE ABOVE CIRCULAR, THE APP EALS FILED BY THE REVENUE BEFORE THE ITAT IN WHICH THE TAX EFFECT INV OLVED IS BELOW THE PRESCRIBED MONETARY LIMIT ARE EITHER TO BE WITHDRAW N OR NOT PRESSED BY THE DEPARTMENT. THE CIRCULAR/ INSTRUCTIONS ISSUED B Y THE CBDT WOULD APPLY RETROSPECTIVELY IS ALSO SUPPORTED BY THE DECI SIONS OF HONBLE HIGH COURTS VIZ: CIT VS. CIT VS. SURESHCHANDRA DURGAPRAS AD KHATOD (HUF) (2012) 253 CTR 492 (GUJ), M/S. P. S. JAIN & CO. (I TANO.179/1991 DTD. 02.08.2010 (DELHI) AND CIT VS. DELHI RACE CLUB LTD .'(DEL) DTD. 03.03.2011. ITA NO.328 OF 2018 SMT. PADMA BAI JAIN 3 5. ON CONSIDERATION OF ABOVE, SINCE THE PRESENT APP EAL HAVING BELOW TAX EFFECT IS FILED IN CONTRAVENTION WITH THE ABOVE CBDT CIRCULAR, WE DISMISS THE DEPARTMENTAL APPEAL IN LIMINE AS NOT MAINTAINABLE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED AS NOT MAINTAINABLE. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT O N 15.5.2019. SD/ - (MANISH BORAD) ACCOUNTANT MEMBER SD/ - (KUL BHARAT) JUDICIAL MEMBER DATED: 15/5/2019 ! VYAS ! COPY TO: APPELLANT / RESPONDENT / CONCERNED CIT(A) / CONC ERNED CIT / DR, INDORE