INCOME TAX OFFICER, WARD-3-5, JAIPUR V. SMT. KARUNA VYAS, JAIPUR

ITA 399/JPR/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9945 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 22-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KARNI DAN SINGH
• Assessee Lawyers: P C PARWAL CA DHK
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES A, JAIPUR JH JES'K LH 'KEKZ] YS[KK LNL; ,OA JH FOT; IKY JKO] U;KF;D LNL; DS LE{K BEFORE: SHRI RAMESH C SHARMA, AM & SHRI VIJAY PAL RAO, JM VK;DJ VIHY LA - @ ITA NO. 399/JP/2019 FU/KZKJ.K O'KZ @ ASSESSMENT YEAR: 2014-15 I.T.O. WARD 3(5), JAIPUR. CUKE VS. SMT. KARUNA VYAS, D-36, RITI SMRITI, VAISHALI NAGAR, JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: ABGPV 9796 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI KARNI DAN SINGH (JCIT) FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI P.C. PARWAL (CA) LQUOKBZ DH RKJH[K @ DATE OF HEARING: 29/05/2019 MN?KKS'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 31/05/2019 VKNS'K@ ORDER PER: R.C. SHARMA, A.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 18/12/2018 OF THE CIT(A), KOTA FOR THE A.Y. 2014-15 IN THE MATTER OF ORDER PASSED U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT, THE ACT). 2. IN THIS APPEAL, THE REVENUE IS AGGRIEVED FOR DELETION OF ADDITION OF RS. 41.53 LACS IN RESPECT OF LONG-TERM CAPITAL GAIN, TAXED THEREON WORKS OUT TO BE LESS THAN RS. 20.00 LACS. 3. SINCE THE TAX EFFECT IN APPEAL FILED BY THE REVENUE IS LESS THAN RS. 20.00 LACS, THEREFORE, THE SAME DESERVES TO BE DISMISSED. 2 ITA NO. 399/JP/2019 ITO VS. SMT. KARUNA VYAS 4. THE LD AR OF THE ASSESSEE SPECIFICALLY ASKED AS TO WHETHER THE APPEAL SO FILED BY THE REVENUE WAS COVERED BY ANY OF THE EXCEPTION AS PROVIDED IN THE CBDT CIRCULAR NO. 3 OF 2018 DATED 11 TH JULY, 2018 WHICH WAS AMENDED VIDE NOTIFICATION DATED 28/08/2018. HOWEVER, THE LD DR COULD NOT POINT OUT ANY OF THE EXCEPTIONS UNDER WHICH THIS APPEAL IS COVERED SO AS TO BE DECIDED ON MERITS. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. IT IS OBSERVED THAT THE DEMAND/ TAX EFFECT IN THE REVENUES APPEAL IN QUESTION IS BELOW RS. 20.00 LACS. UNDER THE POWERS VESTED BY SECTION. 268A(1) OF THE I T ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 (F NO. 279/MISC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS. 20 LACS. THE CIRCULAR IS SPECIFICALLY MENTIONED TO BE APPLICABLE FOR ALL PENDING APPEALS. 6. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRECTED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS NOT EXCEEDING THAN 20 LACS SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 7. THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPTIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY CBDT FOR THE APPEAL, THE APPEAL OF THE ASSESSEE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 3 OF 2018 DATED 3 ITA NO. 399/JP/2019 ITO VS. SMT. KARUNA VYAS 11.07.2018. ACCORDINGLY, THE APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSED/WITHDRAWN. 8. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST MAY, 2019. SD/- SD/- FOT; IKY JKO JES'K LH 'KEKZ (VIJAY PAL RAO) (RAMESH C SHARMA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 31 ST MAY, 2019 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE I.T.O., WARD 3(5), JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- SMT. KARUNA VYAS, JAIPUR . 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. 399/JP/2019 ) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR