DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, JAIPUR V. M/S SKYWAYS COLONIZERS PVT. LTD., JAIPUR

ITA 690/JPR/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5977 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 07-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROONI PAUL
• 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,B JAIPUR JH LAANHI XKSLKBZ] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YA DAV, AM VK;DJ VIHY LA- @ ITA NO. 690/JP/2017 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2012-13 THE DCIT CIRCLE 4 JAIPUR CUKE VS. M/S. SKYWAYS COLONIZERS PVT. LTD Q-III/1, LIC FLATS, SECTOR -6 VIDHYADHAR NAGAR, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AAMCS 0721 R VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SMT. ROONI PAUL, (JCIT) FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI VEDANT AGARWAL, CA LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 25/09/2019 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 25/09/2019 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE A GAINST THE ORDER OF CIT(A), AJMER DATED 27.06.2017 FOR THE AS SESSMENT YEAR 2012-13 IN THE MATTER OF ORDER PASSED U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT, THE ACT). THE GROUND RAISED BY THE REVENUE IS AS UNDER:- ITA NO. 690/JP/2017 DCIT, CIRCLE 4, JAIPUR VS M/S. SKYWAY COLONIZERS PV T.LTD. JAIPUR 2 WHETHER IN THE FACTS AND CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) IS RIGHT IN DELETING THE ADDITION OF RS. 77,00,000/- MADE U/S 68 OF THE I.T. ACT, 1961 WITHOUT APPRECIATING THE FACT THAT THE ASSESSEE HAS INTRODU CED ITS UNACCOUNTED CASH AMOUNTING TO RS. 77,00,000/- IN TH E FORM OF SHARE CAPITAL THROUGH THE RACKET OF ENTRY P ROVIDERS OPERATING IN KOLKATA, INFORMATION OF WHICH WAS PROVID ED BY THE INVESTIGATION WING, KOLKATA. 2. AS PER GROUNDS OF APPEAL, TAX EFFECT IN RESPECT OF RELIEF GRANTED BY THE LD. CIT(A) WORKS OUT TO BE LESS THAN RS. 50.0 0 LACS, THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO. 17/2019 DATED 08/08/201 9 THIS APPEAL DESERVES TO BE DISMISSED. 3. CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 REA DS AS UNDER:- FURTHER ENHANCEMENT OF MONETARY LIMITS FOR FILING O F APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL, HIGH COURTS AND SLPS/APPEALS BEFORE SUPREME COURT - AMEN DMENT TO CIRCULAR 3 OF 2018 - MEASURES FOR REDUCING LITIGATI ON. CIRCULAR NO. 3/2018 DATED 11TH JULY 2018 HAS BEEN R EPLACED BY CIRCULAR NO. 17/2019 DATED 8TH AUGUST 2019 TO ENHAN CE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFO RE INCOME TAX APPELLATE TRIBUNAL, HIGH COURTS AND SLPS/APPEALS BEF ORE SUPREME COURT FOR REDUCING LITIGATION. APPEALS/SLPS IN INCOME- TAX MATTERS MONETARY LIMIT (RS.) (PREVIOUS LIMIT) MONETARY LIMIT (RS.) (REVISED LIMIT) ITA NO. 690/JP/2017 DCIT, CIRCLE 4, JAIPUR VS M/S. SKYWAY COLONIZERS PV T.LTD. JAIPUR 3 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 EFFECT SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED IS SUES IN THE CASE OF EVERY ASSESSEE. IF, IN THE CASE OF AN ASSES SEE, THE DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT Y EAR, APPEAL CAN BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF THE DISPUTED ISSUES EX CEEDS 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 ASS ESSMENT YEAR AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR, NO APPEAL SHALL BE FILED IN RESPECT OF AN ASSESSMENT Y EAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT . IN CASE WHERE A COMPOSITE ORDER/ JUDGMENT INVOLVES M ORE THAN ONE ASSESSEE, EACH ASSESSEE SHALL BE DEALT WITH SEPA RATELY. 4. SINCE THE TAX EFFECT IS LESS THAN RS. 50.00 LACS , THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. BEFORE PARTING WIT H THE MATTER, IT IS MADE CLEAR THAT THE DEPARTMENT IS AT LIBERTY TO FIL E MISC. APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN RS. 50.00 L ACS OR THE CASE FALLS IN ANY OF THE EXCEPTIONS OF THE CIRCULAR. ITA NO. 690/JP/2017 DCIT, CIRCLE 4, JAIPUR VS M/S. SKYWAY COLONIZERS PV T.LTD. JAIPUR 4 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D WITH NO ORDER AS TO COST. ORDER PRONOUNCED IN THE OPEN COURT ON 25 /09/2019 . SD/- SD/- FOE FLAG ;KNO LANHI XKSLKBZ (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 25 /09/2019. *MISHRA VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE DCIT,CIRCLE 4, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT-M/S. SKYWAY COLONIZERS(P) LTD., 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. 690/JP/2017} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSTT. REGISTRAR