ITO, Kota V. MOHTA KSN ENTERPRISES PVT. LTD., Kota

ITA 441/JPR/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2192 (ITAT-JAIPUR)
• Duration Of Justice: 3 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 27-03-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 28-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J S KULHARI
• Assessee Lawyers: B V MAHESHWARI C A 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 A, 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. 441/JP/2016 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2007-08. THE INCOME TAX OFFICER, WARD 1(1), KOTA. CUKE VS. M/S. MOHTA KSN ENTERPRISES PVT. LTD., (ERSTWHILE M/S. P.S. PACK PLAST (P) LTD., F-180-III, ROAD NO. 4, IPIA, KOTA. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AADCP 2588E VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT C.O. NO. 6/JP/2018 (ARISING OUT OF VK;DJ VIHY LA- @ ITA NO. 441/JP/2016) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2007-08. M/S. MOHTA KSN ENTERPRISES PVT. LTD., (ERSTWHILE M/S. P.S. PACK PLAST (P) LTD., F-180-III, ROAD NO. 4, IPIA, KOTA. CUKE VS. THE INCOME TAX OFFICER, WARD 1(1), KOTA. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AADCP 2588E VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI J.S. KULHARI (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI BV MAHESHWARI (CA) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 23.08.2019 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 23.08.2019 VKNS'K@ ORDER PER VIJAY PAL RAO, J.M. THIS APPEAL BY THE DEPARTMENT AND CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 01.02.2016 OF LD. CIT (A), KOTA FOR THE ASSESSMENT YEAR 2007-08. AS PER THE GROUNDS OF APPEAL, THE TA X EFFECT CALCULATED BY THE AO IN 2 ITA NO. 441/JP/2016 & CO NO. 6/JP/2018 M/S. MOHTA KSN ENTERPRISES PVT. LTD., KOTA. RESPECT OF THE RELIEF GRANTED BY THE LD. CIT (APPEA LS) WHICH HAS BEEN CHALLENGED IN THE PRESENT APPEAL IS LESS THAN RS. 50,00,000/-. 2. WE HAVE HEARD THE LD. D/R AS WELL AS THE LD. A/R . AT THE OUTSET, WE NOTE THAT IN THE REVENUES APPEAL THE TAX EFFECT IS NOT EXCEE DING THE 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 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 3 ITA NO. 441/JP/2016 & CO NO. 6/JP/2018 M/S. MOHTA KSN ENTERPRISES PVT. LTD., KOTA. 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. C.O. NO. 6/JP/2018 : THE LD. A/R OF THE ASSESSEE HAS STATED AT BAR THAT THE ASSESSEE DOES NOT PRESS THE CROSS OBJECTION AND THE SAME MAY BE DISMI SSED AS NOT PRESSED. THE LD. D/R HAS NO OBJECTION IF THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED AS NOT PRESSED. WE, THEREFORE, DISMISS THE CROSS OBJECTION OF THE ASSESSEE BEING NOT PRESSED. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT AND CROS S OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23/08/2019. 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:- 23/08/2019. DAS/ 4 ITA NO. 441/JP/2016 & CO NO. 6/JP/2018 M/S. MOHTA KSN ENTERPRISES PVT. LTD., KOTA. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-THE ITO WARD 1(1), KOTA. 2. IZR;FKHZ@ THE RESPONDENT-M/S. MOHTA KSN ENTERPRISES PVT. LTD. , KOTA. 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. 441/JP/2016 & CO NO. 6/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR