Income Tax Officer, Ward-6(3), Jaipur V. M/s. Blue Stone Premises Private Limited, Jaipur

ITA 724/JPR/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5160 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 25-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S L PODDAR ADV DHK
• Keywords: Tax effect
• Section: 143(3); 153A

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 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. 724/JP/2018 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2012-13 I.T.O. WARD 6(3), JAIPUR. C UKE VS. M/S BLUE STONE PREMISES PVT. LTD., D-25, LAL BAHADUR NAGAR, JLN MARG, JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO. AACCB 6815 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT IZR;K{KSI.K @ C.O. NO. 07/JP/2019 (ARISING OUT OF VK;DJ VIHY LA -@ ITA NO. 724/JP/2018) FU/KZKJ.K O'KZ @ ASSESSMENT YEAR: 2012-13 M/S BLUE STONE PREMISES PVT. LTD., D-25, LAL BAHADUR NAGAR, JLN MARG, JAIPUR. C UKE VS. A.C.I.T., CENTRAL CIRCLE-1, JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: AACCB 6815 H IZR;K{KSID@ OBJECTOR IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY: MS. ANURADHA (JCIT) FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI S.L. PODDAR (ADV) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 20/08/2019 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 22/08/2019 VKNS'K@ ORDER PER: R.C. SHARMA, A.M. THE APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 06/03/2018 OF LD. CIT(A)- IV, JAIPUR FOR THE A.Y. 2012-13 IN THE MATTER OF ORDER PASSED U/S 143(3) R.W.S. 153A OF THE INCOME TAX ACT, 1961 (IN SHORT, THE ACT). ITA NO. 724/JP/2018 & CO 07/JP/2019 ITO VS M/S BLUE STONE PREMISES PVT. LTD. 2 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. 50.00 LACS, THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO. 17/2019 DATED 08/08/2019 THIS APPEAL DESERVES TO BE DISMISSED. 3. CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 READS AS UNDER:- FURTHER ENHANCEMENT OF MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL, HIGH COURTS AND SLPS/APPEALS BEFORE SUPREME COURT - AMENDMENT TO CIRCULAR 3 OF 2018 - MEASURES FOR REDUCING LITIGATION. CIRCULAR NO. 3/2018 DATED 11TH JULY 2018 HAS BEEN REPLACED BY CIRCULAR NO. 17/2019 DATED 8TH AUGUST 2019 TO ENHANCE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL, HIGH 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 EFFECT SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED ISSUES IN THE CASE OF EVERY ASSESSEE. IF, IN THE CASE OF AN ASSESSEE, THE DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN RESPECT 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 ISSUES IN MORE THAN ONE ASSESSMENT YEAR, NO APPEAL ITA NO. 724/JP/2018 & CO 07/JP/2019 ITO VS M/S BLUE STONE PREMISES PVT. LTD. 3 SHALL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT. IN CASE WHERE A COMPOSITE ORDER/ JUDGMENT INVOLVES MORE THAN ONE ASSESSEE, EACH ASSESSEE SHALL BE DEALT WITH SEPARATELY. 4. SINCE THE TAX EFFECT IS LESS THAN RS. 50.00 LACS, THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. BEFORE PARTING WITH THE MATTER, IT IS MADE CLEAR THAT THE DEPARTMENT IS AT LIBERTY TO FILE MISC. APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN RS. 50.00 LACS OR THE CASE FALLS IN ANY OF THE EXCEPTIONS OF THE CIRCULAR. 5. THE CROSS OBJECTION FILED BY THE ASSESSEE IS IN RESPECT OF THE REVENUES APPEAL. AS WE HAVE ALREADY DISMISSED THE REVENUES APPEAL, THE C.O. HAVE NO LEGS TO STAND, HENCE DISMISSED. 6. IN THE RESULT, APPEAL OF THE REVENUE AND THE C.O. OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND AUGUST, 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 FNUKA D@ DATED:- 22 ND AUGUST, 2019 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT-THE I.T.O. WARD 6(3), JAIPUR. ITA NO. 724/JP/2018 & CO 07/JP/2019 ITO VS M/S BLUE STONE PREMISES PVT. LTD. 4 2. IZR;FKHZ @ THE RESPONDENT- M/S BLUE STONE PREMISES PVT. LTD., JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 724/JP/2018 & C.O. 07/JP/2019) VKNS 'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR