Assistant Commissioner of Income Tax, Jaipur V. INDIAN NETWORK FOR DEVELOPMENT EXCHANGE PRIVATE LIMITED, Jaipur

ITA 547/JPR/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 5154 (ITAT-JAIPUR)
• Duration Of Justice: 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-10-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 22-08-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 40(a)(ia); 13

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 Mk0 ,l- lhrky{eh]U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 547/JPR/2023 fu/kZkj.ko"kZ@Assessment Years : 2012-13 Assistant Commissioner of Income, Jaipur. cuke Vs. Indian Network for Development Exchange Private Limited. L-54, Income Tax Colony, Tonk Road, jaipur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABCI 8923 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assessee by : Shri Manish Agrawal (C.A.) jktLo dh vksjls@Revenue by: Shri A.S. Nehra (Addl. CIT) lquokbZ dh rkjh[k@Date of Hearing :11/10/2023 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 28/11/2023 vkns'k@ORDER PER: DR. S. SEETHALAKSHMI, J.M. This appeal is filed by the Revenue is directed against the order of the Ld. CIT(A) dated 28.06.2023, National Faceless Appeal Centre, Delhi[herein after referred to as (NFAC)] for the assessment year 2012-13. 2. The Revenue has raised the following grounds of appeal:- “1. Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A) is justified in deleting the disallowance of Rs. 5,35,947/- u/s 40(a)(ia) I.T. Act.” 2 ITA No. 547/JPR/2023 ACIT VS. Indian Network for Development Exchange Pvt. Ltd. 3. Bare perusal of the grounds raised by the Revenue in the present appeal, order passed by the ld. Lower Revenue Authorities apparently shows that tax effect in this case are low and as per CBDT Circular No.17 of 2019 monetary limit for filing appeals before the Income Tax Appellate Tribunal is Rs. 50,00,000/-. Relevant Para 13 of Circular (Supra) reads as under:- “This circular will apply to SLPs/appeals/cross objection/reference to be filed henceforth in SC/HCS/Tribunal and it also apply the retrospectively to pending SLPs/appeals/cross objection/reference. Pending appeals below the specified tax limits in para 3 above may be withdrawn not pressed.” In view of the matter since tax effect involved in the present appeal are below the monetary limit of Rs. 50,00,000/-, the same is not maintainable, hence the same is dismissed having been become infructuous. However, in case this appeal falls within any of the exceptions the Revenue may seek recall of the order in order to restore the present appeal. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on 28/11/2023. Sd/- Sd/- ¼jkBksM deys'k t;UrHkkbZ ½ ¼MkWa-,l-lhrky{eh½ (RATHOD KAMLESH JAYANTBHAI) (Dr. S. Seethalakshmi) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 28/11/2023 3 ITA No. 547/JPR/2023 ACIT VS. Indian Network for Development Exchange Pvt. Ltd. *Santosh vkns'k dh izfrfyfi vxzsf’kr@Copy of the order forwarded to: 1. The Appellant- Assistant Commissioner of Income Tax, Jaipur. 2. izR;FkhZ@ The Respondent- Indian Network for Development Exchange Pvt. Ltd., Jaipur. 3. vk;dj vk;qDr@ The ld CIT 4. vk;dj vk;qDr¼vihy½@The ld CIT(A) 5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 6. xkMZQkbZy@ Guard File ITA No. 547/JPR/2023) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asstt. Registrar