DCIT, Jaipur V. A.U.FINANCIERS(INDIA) LTD., Jaipur

ITA 915/JPR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5386 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 31-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA
• Assessee Lawyers: ADITYA VIJAY ADV DHK
• Keywords: Tax effect
• Section: 14A

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH VH-VKJ-EHUK] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI T.R. MEENA, AM VK;DJ VIHY LA -@ ITA NO. 915/JP/2014 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2009-10. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR CUKE VS. M/S A.U. FINANCIERS (INDIA) LTD., 19A, DHULESHWAR GARDEN, AJMER ROAD, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAACL 2777 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAJ MEHRA (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI ADITYA VIJAY (ADV) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 09/03/2016. MN?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 09/03/2016. VKNS'K@ ORDER PER T.R. MEENA, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A)-I, JAIPUR DATED 29/10/2014 FOR THE ASSESS MENT YEAR 2009-10, WHEREIN THE REVENUE RAISED FOLLOWING GROUND:- WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW THE LD CIT(A) WAS JUSTIFIED IN DELETING THE DISALLOWANCE ITA NO. 915/JP/2014 DCIT VS. M/S AU FINANCIERS (I) P LTD. 2 OF RS. 17,50,905/- MADE BY THE A.O. U/S 14A OF THE I.T. ACT, 1961 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON THE RECORD. IT IS OBSERVED THAT THE DE MAND/ TAX EFFECT IN THE REVENUE IN QUESTION IS TO THE TUNE OF RS. 9,07, 300/-. UNDER THE POWERS VESTED BY SEC. 268A(1) OF THE I T ACT, CBDT HA S RECENTLY ISSUED CIRCULAR NO.21 OF 2015 DATED 10.12.2015(F NO . 279/MISC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORIT IES BELOW DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED LESS THAN RS. 10 LACS. THE CIRCULAR IS SPECIFICALLY MENTIONED TO BE APPLICABLE FOR ALL PENDING APPEALS. 3. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIREC TED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHE RE THE DEMAND/TAX EFFECT IS LESS THAN 10 LACS SHOULD BE EI THER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 4. THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPTIO NS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN D ISPUTE IN THIS ITA NO. 915/JP/2014 DCIT VS. M/S AU FINANCIERS (I) P LTD. 3 DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY CB DT FOR THE APPEAL THE SAME IS NOT MAINTAINABLE IN VIEW OF FORE GOINGS. ACCORDINGLY THE APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSE D/WITHDRAWN. 5. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09/03/2016. SD/- SD/- VKJ-IH-RKSYKUH VH-VKJ-EHUK (R.P.TOLANI) (T.R. MEENA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 09 TH MARCH, 2016 RANJAN* VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE DCIT, CIRCLE-2, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- M/S A.U. FINANCIERS (INDIA) LTD., JA IPUR. 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. 915/JP/2014) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR