ACIT, Kota V. SMT. ZAHIDA BANO, Kota

MA 107/JPR/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5432 (ITAT-JAIPUR)
• Duration Of Justice: 8 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-03-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 05-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: MAHENDRA GARGIEYA 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 M.A. NO. 107/JP/2016 ARISING OUT IF ITA NO. 579/JP/2013 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09. THE ASSTT. COMMISSIONER OF INCOME - TAX, CIRCLE-1, KOTA. CUKE VS. SMT. ZAHIDA BANO, 5-B-18, VIGYAN NAGAR, KOTA. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. ABSPB 6777 A VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI R.A. VERMA (ADDL. CIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI MAHENDRA GARGIEYA (ADVOCATE) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 10.03.2017. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 28 /03/2017. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THIS MISCELLANEOUS APPLICATION BY THE REVENUE ARISE OUT OF THE ORDER OF THE TRIBUNAL IN ITA NO. 579/JP/2013 SEEKING RECALLING O F THE TRIBUNALS ORDER DATED 29.01.2016. IT IS CONTENDED ON BEHALF OF THE REVEN UE THAT THE APPEAL ILED BY THE REVENUE WAS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. HOWEVER THE TAX EFFECT COMES TO R. 10,06,360/- WHICH IS ABOVE THE PRESCRIBED LIM IT. THE LD. COUNSEL FOR THE ASSESSEE OPPOSED THE SUBMI SSIONS AND REITERATED THE WRITTEN SUBMISSIONS AS MADE. 2.2. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED TH E MATERIAL AVAILABLE ON RECORD. IT IS CONTENDED BY BOTH THE PARTIES THAT IN COME TAX EXCLUDING SURCHARGE AND THE EDUCATION CESS COMES TO RS. 8,96,935/- WHICH IS BELOW THE PRESCRIBED LIMIT. IN CASE THE EDUCATION CESS AND SURCHARGE IS ADDED IN T HAT EVENT ONLY THE TAX EFFECT 2 MA NO. 107/JP/2016 SMT. ZAHIDA BANO, KOTA. EXCEEDS THE PRESCRIBED LIMIT. THE CBDT VIDE F.NO. 279/MISC.142/2007-ITJ (PT) ISSUED CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 WHICH CLARIFIES AS UNDER :- 4. FOR THIS PURPOSE, TAX EFFECT MEANS THE DIFFE RENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT W OULD HAVE BEEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST W HICH APPEAL IS INTENDED TO BE FILED (HEREINAFTER REFERRED TO AS DISPUTED ISSUES). HOWEVER, THE TAX WILL NOT INCLUDE ANY INT EREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN CASE THE CHARGEABILITY OF INTEREST IS THE ISSUE UNDER DI SPUTE, THE AMOUNT OF INTEREST SHALL BE THE TAX EFFECT. IN CAS ES WHERE RETURNED LOSS IS REDUCED OR ASSESSED AS INCOME, THE TAX EFFECT WOULD INCLUDE NOTIONAL TAX ON DISPUTED ADDITIONS IN CASE OF PENALTY ORDERS, THE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DELETED OR REDUCED IN THE ORDER TO BE APPEALED AGAI NST. THE REVENUE BY THIS APPLICATION HAS CONTENDED THAT THE TAX EFFECT IN THE PRESENT CASE IS HIGHER THAN THE PRESCRIBED LIMIT. THEREFORE, IN OUR CONSIDERED VIEW THIS ISSUE REQUIRES CONSIDERATION BY THIS TRIBUNAL. UNDER THE SE FACTS, WE RECALL OUR ORDER DATED 29.01.2016 AND FIX THE APPEAL FOR HEARING ON 21.04.2017 ON THE ISSUE OF MAINTAINABILITY OF THE APPEAL IN VIEW OF THE CBDT C IRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28/03/2017. SD/- SD/- FOE FLAG ;KNO] ( DQY HKKJR ) ( VIKRAM SINGH YADAV) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 28/03/2017. D/ 3 MA NO. 107/JP/2016 SMT. ZAHIDA BANO, KOTA. VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- THE ACIT CIRCLE-1, KOTA. 2. THE RESPONDENT- SMT. ZAHIDA BANO, KOTA. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE ( M.A. 107/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR