ITO, Kota V. VIBRANT ACADEMY (INDIA) P LTD., Kota

MA 111/JPR/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5689 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 24-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA CIT DHK
• Assessee Lawyers: ARUN GAUTAM
• 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; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SIN GH YADAV, AM MISCELLANEOUS APPLICATION NO. 111/JP/2017 (ARISING OUT OF ITA NO. 19/JP/2013) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2012-13 INCOME TAX OFFICER, TDS KOTA. CUKE VS. M/S VIBRANT ACADEMY (INDIA) PVT., LTD., A-14-1, INDRAPRASTHA INDUSTRIAL AREA, ROAD NO. 1, KOTA (RAJ.) LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. JDHV 02287 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI ARUN GAUTAM (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI R.A. VERMA (ADDL CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 12.01.2018. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 12/01/2018. VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, AM THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FIL ED BY THE REVENUE AGAINST THE ORDER PASSED BY THE CO-ORDINATE BENCH I N ITA NO. 19/JP/2013 DATED 18/12/2015 WHEREIN CONSIDERING THE CBDT CIRCU LAR NO. 21 OF 2015 DATED 10/12/2015, THE APPEAL OF THE DEPARTMENT WAS DISMISSED. IN ITS MISCELLANEOUS APPLICATION, THE REVENUE HAS SUBMITTE D THAT SINCE THE TAX EFFECT INVOLVED IN THIS CASE IS RS. 10,00,000/- WHICH WAS NOT BELOW THE MONETARY LIMIT AS PRESCRIBED BY THE CBDT IN THE ABOVE SAID C IRCULAR, THERE IS A FACTUAL MISTAKE WHICH HAS ARISEN IN THE ORDER OF THE TRIBUN AL WHICH IS SOUGHT TO BE RECTIFIED THROUGH THE SUBJECT PETITION. 2 MA NO. 111/JP/2017. M/S VIBRANT ACADEMY (INDIA) P. LTD., KOTA. 2. BOTH THE PARTIES HAVE BEEN HEARD. WE HAVE ALSO P URSUED THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10/12/2015, IN PARA 3 , IT IS STATED THAT THE APPEAL SHALL NOT BE FILED IN CASES WHERE THE TAX EF FECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 10 LACS. IN THE INSTANT CASE WHAT IS THEREFORE REQUIRED IS THAT THE TAX EFFECT SHOULD EXCEED RS. 10 LAC. HOWEV ER, AS STATED BY THE REVENUE IN THIS MISCELLANEOUS PETITION, THE TAX EFF ECT COMES TO RS. 10 LACS ONLY. IN LIGHT OF THE SAME, WE DO NOT THINK THERE I S ANY MISTAKE WHICH HAS ARISEN IN THE ORDER PASSED BY THE CO-ORDINATE BENCH DATED 18/12/2015. 3. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12/01/2018 . SD/- SD/- ( JH FOT; IKY JKO] ) ( FOE FLAG ;KNO ( VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL; / JUDICIAL MEMBER YS[KK LNL; /ACCOUNTANT MEMBER JAIPUR DATED:- 12/01/2018. POOJA/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- THE INCOME TAX OFFICER, TDS, KOTA . 2. THE RESPONDENT M/S VIBRANT ACADEMY (INDIA) PVT ., LTD., KOTA. 3. THE CIT. 4. THE CIT (4), 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (MA NO. 111/JP/2017) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 3 MA NO. 111/JP/2017. M/S VIBRANT ACADEMY (INDIA) P. LTD., KOTA.