Deputy Commissioner of income tax Circle 1(1), Jabalpur V. M/s Kemtani Projects Pvt. Ltd., Jabalpur

ITSSA 26/JAB/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4267 (ITAT-JABALPUR)
• Duration Of Justice: 2 year(s) 5 month(s) 1 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 09-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 08-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AGITATING
• Section: 153A; 268A; 144

Judgement Text

IT(SS)ANO.26/JAB/2018 (AY 2009-10) DY. CIT V. KEMTANI PROJECTS (P.) LTD. 1 | P A G E IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR BEFORE SHRI NRS GANESAN, JUDICIAL MEMBER & SHRI SANJAY ARORA, ACCOUNTANT MEMBER IT(SS)A NO.26/JAB/2018 ASSESSMENT YEAR: 2009-10 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), JABALPUR (MP) VS. KEMTANI PROJECTS PVT. LTD. B-663, MAHANADDA, MADAN MAHAL, JABALPUR (M.P.) (PAN: AACCP 2744B) (APPELLANT) (RESPONDENT) ORDER PER SANJAY ARORA, AM: 1. THIS IS AN APPEAL BY THE REVENUE AGITATING THE O RDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, JABALPUR ( CIT(A) FOR SHORT) DATED 09/02/2018, PARTLY ALLOWING THE ASSESSEES APPEAL C ONTESTING ITS ASSESSMENT UNDER SECTION 153A R/W SEC. 144 OF THE INCOME TAX A CT, 1961 (THE ACT HEREINAFTER) DATED 30/3/2016 FOR ASSESSMENT YEAR (A Y) 2009-10. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY SHRI BAR DIA, THE LD. COUNSEL FOR THE ASSESSEE, THAT THE TAX-EFFECT OF THE REVENUES APPE AL BEING BELOW RS.50 LACS, I.E., THE EXTANT THRESHOLD MONETARY LIMIT FOR FILIN G OF APPEALS BY THE REVENUE BEFORE THE TRIBUNAL U/S. 268A OF THE ACT, THE INSTA NT APPEAL IS NOT MAINTAINABLE. REVENUE BY SHRI H.P. MEENA, CIT-DR ASSESSEE BY SHRI RAHUL BARDIA, CA DATE OF HEARING 09/10/2020 DATE OF PRONOUNCEMENT 09/10/2020 IT(SS)ANO.26/JAB/2018 (AY 2009-10) DY. CIT V. KEMTANI PROJECTS (P.) LTD. 2 | P A G E AS, HOWEVER, THE TAX-EFFECT WAS NOT ASCERTAINABLE W ITH REFERENCE TO THE SEVERAL GROUNDS OF APPEAL RAISED BY THE REVENUE, WITH IN FA CT SHRI BARDIA CLAIMING THAT SOME OF THE GROUNDS RAISED BY THE REVENUE HAD BEEN INADVERTENTLY SO, BEING IN FACT IN RELATION TO AY 2008-09, THE HEARING WAS ADJ OURNED, DIRECTING THE ASSESSEE TO FILE A COPY OF THE APPEAL-EFFECT GIVING ORDER PASSED BY THE ASSESSING OFFICER (AO) PURSUANT TO THE IMPUGNED ORDER, ALSO R EQUIRING SH. MEENA, THE LD. CIT-DR, TO CAUSE VERIFICATION OF THE CONTENTION/S R AISED BY THE LD. COUNSEL AS WELL TO ENQUIRE IF THE REVENUES APPEAL IS COVERED BY ANY OF THE EXCEPTIONS LISTED AT PARA 10 OF THE BOARD INSTRUCTION 3/2018, DATED 11/07/2018, WHICH IS TO BE READ IN CONJUNCTION WITH THE BOARD INSTRUCTION N O. 17/2019, DATED 08/08/2019, ENHANCING THE MONETARY LIMIT FOR APPEAL S BEFORE THE TRIBUNAL TO RS. 50 LACS, SO THAT THE REVENUES APPEAL, WHERE SO, BE COMES MAINTAINABLE DESPITE A LOW TAX-EFFECT. THIS WAS CONSIDERED DESIRABLE IN TH E ABSENCE OF ANY REFERENCE TO ANY SUCH EXCEPTION IN THE AUTHORIZATION MEMO U/S. 2 53(2) ACCOMPANYING THE MEMO OF APPEAL (FORM 36), AS IS GENERALLY THE CASE WHERE THE TAX-EFFECT IS BELOW THE PRESCRIBED MONETARY LIMIT. THE APPEAL-EFFECT GIVING ORDER DATED 23.4.2018, FIL ED SUBSEQUENTLY ON 01.10.2020, REFLECTS AN AGGREGATE RELIEF ALLOWED BY THE LD. CIT(A) VIDE THE IMPUGNED ORDER AT RS.127.34 LACS. THE TAX-EFFECT TH EREOF IS CLEARLY BELOW RS.50 LACS. FURTHER, SH. MEENA WOULD SUBMIT THAT NO EXCEP TION MARKS THE INSTANT APPEAL ON THE BASIS OF THE MATERIAL AVAILABLE WITH HIM. HE DID NOT SEEK FURTHER TIME, EVEN AS TIME WAS EARLIER ALLOWED BY THE TRIBU NAL ON 30.9.2020 AND 7.10.2020 ONLY WITH A VIEW TO ENSURE THAT NO MISTAK E OCCURS IN REGARDING THE REVENUES INSTANT APPEAL AS A LOW TAX-EFFECT CASE U /S. 268A. 3. IN VIEW OF THE FOREGOING, WE HAVE NO HESITATION IN HOLDING THAT THE INSTANT APPEAL IS COVERED BY SECTION 268A READ WITH THE REL EVANT BOARD INSTRUCTION/S. IT(SS)ANO.26/JAB/2018 (AY 2009-10) DY. CIT V. KEMTANI PROJECTS (P.) LTD. 3 | P A G E 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS WITHDRAWN/NOT PRESSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09/10/2020 SD/- SD/- (N.R.S.GANESAN) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 09/10/2020 AKS/-*(P) // TRUE COPY //