ITO, Ward-1(1), , Bikaner V. Shri Dilip Kumar Parakh, Bikaner

ITA 360/JODH/2018

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 8925 (ITAT-JODHPUR)
• Duration Of Justice: 4 year(s) 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 02-11-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 16-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA No. 360/Jodh/2018 (ASSESSMENT YEAR- 2014-15) Income Tax Officer, Ward-1(1), Bikaner Aayakar Bhawan, Rani Bazar, Bikaner Vs Shri Dilip Kumar Parakh, Prop. M/s Himat Lal & Company, Inside Kotegate, Bikaner (Appellant) (Respondent) PAN NO. ABPPP 0057 N Assessee By None Revenue By Shri Venkatesh V. SR. D.R. (JCIT) Date of hearing 03/11/2022 Date of Pronouncement 04/11/2022 O R D E R PER: B.R. BASKARAN, AM The appeal filed by the revenue is directed against the order dated 11-04-2018 passed by Ld CIT(A), Bikaner and it relates to the assessment year 2014-15. The revenue is contesting the decision of Ld CIT(A) of Ld CIT(A) in deleting the addition of Rs.99,56,249/- made by the AO on account of difference in sale price on sale of land. 2 ITA No. 360/Jodh/2018 ITO vs. Sh. Dilip Kumar Parakh, Bikaner 2. The assessee has furnished a letter stating that the tax effect involved in the issue contested by the revenue is less than Rs.50.00 lakhs and hence the present appeal of the revenue is not maintainable in view of the Circular no.17 of 2019 dated 8 th August, 2019 issued by CBDT. 3. We heard Ld D.R, who submitted that the revenue may be permitted to seek recall of this order if the issue contested falls under the exceptions given in the above said circular of CBDT. 4. Since the tax effect involved in the appeal of the revenue is less than Rs.50.00 lakhs, it is precluded from pursuing this appeal as per the Circular issued by CBDT, referred supra. Accordingly, we dismiss the appeal of the revenue in limine. However, liberty is granted to the revenue to seek recall of this order by moving appropriate petition in accordance with law, if it is advised that the present appeal could be pursued. 5. In the result, the appeal of the revenue is dismissed. Order pronounced in the open Court on 4 th November, 2022. Sd/- Sd/- (SANDEEP GOSAIN) (B. R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER 3 ITA No. 360/Jodh/2018 ITO vs. Sh. Dilip Kumar Parakh, Bikaner Dated : 04/11/2022 *Ganesh Kr Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR 6. Guard File Assistant Registrar Jodhpur Bench