DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR V. SHRI HARSHVARDHAN JOHARI, JAIPUR

ITA 97/JPR/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3178 (ITAT-JAIPUR)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 29-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VARINDAR MEHTA
• Assessee Lawyers: JUHI
• 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 FOT; IKWY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA-@ ITA. NO. 97/JP/2018 FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2008-09 DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-03, JAIPUR CUKE VS. SH. HARSH VARDHAN JOHARI, T-02, PALLVI APARTMENT, OPP. LAXMI VILAS HOTEL, TONK ROAD, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AFVPJ2660R VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI VARINDAR MEHTA (CIT) FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SMT. JUHI LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 21/08/2018 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT : 21/08/2018 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT (A)- 04, JAIPUR DATED 03.11.2017 FOR ASSESSMENT YEA R 2008-09 WHEREIN THE REVENUE HAS TAKEN THE FOLLOWING GROUNDS OF APPE AL:- 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE THE CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION O F RS. 1,00,000/- IN VIEW OF DECISION OF JAI STEEL LIMITED VS. ACIT ( 88 DTR 1) (RAJ. HC), KABUL CHAWLA VS. ACIT 380 ITR 573 (DEL HC) & S OUMYA CONSTRUCTION PL VS. CIT 387 ITR 529 WITHOUT CONSIDE RING THE FACT THAT SEIZED MATERIAL RELATED TO THE YEAR UNDER CONS IDERATION WAS ITA NO. 97/JP/2018 DCIT, CENTRAL CIRCLE-03, JAIPUR VS. SH. HARSH VARDH AN JOHARI, JAIPUR 2 FOUND DURING THE SEARCH PROCEEDINGS AND ALSO MENTIO NED IN THE ASSESSMENT ORDER. 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION O F RS. 45,00,000/- IN VIEW OF DECISION OF JAI STEEL LIMITE D VS. ACIT (88 DTR HC) & SOUMYA CONSTRUCTION PL VS. CIT 387 ITR 52 9 WITHOUT CONSIDERING THE FACT THAT SEIZED MATERIAL RELATED T O THE YEAR UNDER CONSIDERATION THE FACT THAT SEIZED MATERIAL R ELATED TO THE YEAR UNDER CONSIDERATION WAS FOUND DURING THE SEARC H PROCEEDINGS AND ALSO MENTIONED IN THE ASSESSMENT OR DER. 2. THE LD. D/R HAS SUBMITTED THAT THE TAX EFFECT IN VOLVED IN THE REVENUES APPEAL IS LESS THAN RS 20 LACS WHICH IS PRESCRIBED THRESHOLD LIMIT IN TERMS OF THE CBDT CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 ISSUED IN SUPERSESSION OF ITS EARLIER CIRCULAR NO. 21 OF 2015 DATED 10.12.201 5. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON RECORD. IT IS OBSERVED THAT THE DEMAND/ TAX EFFECT IN THE REVENUES APPEAL IN QUESTION IS BELOW RS. 20.00 LACS . UNDER THE POWERS VESTED BY SECTION 268A(1) OF THE IT ACT, CBDT HAS RECENTLY ISSUED CIR CULAR NO. 3/2018 DATED 11 TH JULY, 2018 (F NO. 279/MISC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORITIES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFEC T DOES NOT EXCEED RS. 20 LACS. THE CIRCULAR IS SPECIFICALLY ME NTIONED TO BE APPLICABLE FOR ALL PENDING APPEALS. 4. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIREC TED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS ITA NO. 97/JP/2018 DCIT, CENTRAL CIRCLE-03, JAIPUR VS. SH. HARSH VARDH AN JOHARI, JAIPUR 3 NOT EXCEEDING THAN 20 LACS SHOULD BE EITHER WITHDRA WN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 5. THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPT IONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUT E IN THIS DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY CBDT FOR THE A PPEAL, THE APPEAL OF THE ASSESSEE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCUL AR NO. 3 OF 2018 DATED 11.07.2018. ACCORDINGLY THE APPEAL OF THE REVENUE I S DISMISSED AS NOT PRESSED/WITHDRAWN. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 21/08/2018. SD/- SD/- FOT; IKWY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 21/08/2018 * GANESH KR. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- DCIT, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- SH. HARSH VARDHAN JOHARI, 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. 97/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR