ITO, Alwar V. SHRI ANIL YADAV, Alwar

ITA 900/JPR/2012

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2009 (ITAT-JAIPUR)
• Duration Of Justice: 4 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 30-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L CHANDEL
• Assessee Lawyers: ROHAN SOGANI 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 BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ ITA NO. 900/JP/2012 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 THE ITO WARD-1(1) ALWAR CUKE VS. SHRI ANIL VASUDEV PROP. D.D. METALS COPPER TUBE INDUSTRIES E-63, RIICO INDUSTRIAL AREA, KHAIRTHAL, ALWAR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO.: ACIPV 2157 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI S.L. CHANDEL (ADDL. CIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI ROHAN SOGANI LQUOKBZ DH RKJH[K@ DATE OF HEARING : 03/07/2017 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT: 04/07/2017. VKNS'K@ ORDER PER:SHRI VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), ALWAR DATED 25.09.2012 WHEREIN THE REVENUE HAS TAKE N FOLLOWING GROUND OF APPEAL: THAT THE LD. CIT(A), ALWAR HAS ERRED IN LAW AS WEL L AS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN DELETING THE ADDITION OF RS. 1983494/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNPROVE D/NON EXISTING LIABILITIES. 2. THE LD. AR SUBMITTED THAT THIS DEPARTMENTAL APPEAL IS NOT MAINTAINABLE, IN VIEW OF THE CBDT CIRCULAR NO. 21/2015, DATED 10. 12.2015 AS THE TAX EFFECT IS RS. 6,12,900/- WHICH IS BELOW THE THRESHOLD PRES CRIBED BY THE CBDT IN THE SAID CIRCULAR ITA NO. 900/JP/2017 ITO, ALWAR VS SH. ANIL VASUDEV, ALWAR 2 3. THE LD. DR FAIRLY AGREED THAT SINCE THERE IS ADDITI ON OF RS. 19,83,494/- IN THE INSTANT CASE, THE TAX EFFECT IS APPARENTLY L ESS THAN RS 10 LACS. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON THE RECORD. IT IS OBSERVED THAT THE DEMAND/TAX EFFE CT IN THE PRESENT APPEAL IS NOT EXCEEDING RS. 10 LACS. UNDER THE POWERS VESTED BY SEC. 268A(1) OF THE I.T. ACT, CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 D ATED 10.12.2015 (F. NO. 279/MISC.142/2007-ITJ (PT) INSTRUCTING THE AUTHORIT IES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS. 10 LACS. THE CIRCULAR SP ECIFICALLY MENTIONS THAT IT WILL BE APPLICABLE TO ALL PENDING APPEALS ALSO. 5. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRECT ED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS NOT EXCEEDING RS. 10 LACS SHOULD BE EITHER WITHDRAW N OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES AT THE TIME OF HEARING . 6. THE REVENUE APPEAL IS NOT COVERED BY ANY EXCEPTI ONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE DOES NOT EXCEED THE LIMIT OF RS. 10 LACS AS SET OUT BY CBDT, THE APPEAL IS NO T MAINTAINABLEIN VIEW OF THE AFORESAID CBDT CIRCULAR. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/07/2017. SD/- SD/- DQY HKKJR FOE FLAG ;KNO (KUL BHARAT) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER ITA NO. 900/JP/2017 ITO, ALWAR VS SH. ANIL VASUDEV, ALWAR 3 JAIPUR DATED:- 04/07/2017 *GANESH VKNS'K DH IZFRFYFI VXZSF'KR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT - ITO WARD-1(1), ALWAR 2. IZR;FKHZ@ THE RESPONDENT - SH. ANIL VASUDEV, ALWAR 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. 900/JP/2012) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR.