DCIT, Jaipur V. M/S GOVERDHAN BUILDERS PVT. LTD., Jaipur

MA 123/JPR/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5225 (ITAT-JAIPUR)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-01-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 05-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: P C PARWAL CA 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 BENCHES, 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 YA DAV, AM M.A. NO. 123 & 124/JP/2016 (ARISING OUT OF ITA NO. 454 & 455/JP/2012) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR: 2007-08 & 2008-09. DCIT, CENTRAL CIRCLE-2, JAIPUR. CUKE VS. M/S GOVERDHAN BUILDERS PVT. LTD, 232, HIMMAT NAGAR, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AABCG 4950 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI R.A. VERMA (ADDL.CIT) FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI P.C. PARWAL (CA) LQUOKBZ DH RKJH[K @ DATE OF HEARING: 23/12/2016 MN?KKS'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 03/01/2017 VKNS'K@ ORDER PER: KUL BHARAT, J.M. THE REVENUE HAS FILED THE PRESENT MISC. APPLICATION S ON 01/08/2016 SEEKING RECALLING OF THE ORDER OF THE IT AT, JAIPUR BENCH, JAIPUR DATED 01/01/2016 PASSED IN ITA NO. 454 & 455 /JP/2012 FOR A.Y. 2007-08 & 2008-09. MA 123 & 124/JP/2016_ DCIT VS. GOVERDHAN BUILDERS P. LTD. 2 2. AT THE OUTSET, THE LD SR.DR HAS SUBMITTED THAT A MISTAKE IN THE ORDER DATED 01/01/2016 HAS CREPT AS THE HONBLE ITA T DISMISSED THE APPEAL FILED BY THE REVENUE ON THE GROUND OF LOW TAX EFFECT. IT IS SUBMITTED THAT THE MONETARY LIMITS OF BOTH THE APPE ALS ARE MORE THAN RS. 10.00 LACS, SO THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10/12/2015 WOULD NOT APPLY IN BOTH THE APPEALS. THEREFORE, HE P RAYED TO RECALL THE HONBLE ITAT ORDER DATED 01/01/2016 AND FIX THE CAS ES FOR HEARING ON MERIT. 3. ON THE CONTRARY, THE LD AR OF THE ASSESSEE HAS C ONCEDED THE SUBMISSIONS OF THE REVENUE. 4. WE FIND THAT AS PER CBDT CIRCULAR NO. 21 OF 2015 DATED 10/12/2015, THE MONETARY LIMIT FOR FILING THE APPEA L BY THE REVENUE IS RS. 10.00 LACS IN THE CASES BELONGING TO THE INCOME TAX. THERE IS MISTAKE APPARENT FROM THE RECORD AS THE APPEALS WERE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. HOWEVER, AS PER THE WORKING OF THE REVENUE AS GIVEN IN THE MISC. APPLICATIONS, IS HIGHER THAN THE PRESCRIBED MONETARY LIMIT, WHICH IS NOT DISPUTED BY THE LD. COU NSEL OF THE ASSESSEE. THEREFORE, WE HEREBY RECALL OUR ORDER DATED 01/1/2016 PASSED IN ITA NO. 454 & 455/JP/2012 AND DIRECT THE REGISTRY TO FIX BOTH THE APPEALS ON 04/2/2017 FOR FRESH HEARING. MA 123 & 124/JP/2016_ DCIT VS. GOVERDHAN BUILDERS P. LTD. 3 5. IN THE RESULT, BOTH THE M.AS. OF THE REVENUE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/01/2017. SD/- SD/- FOE FLAG ;KNO DQY HKKJR (VIKRAM SINGH YADAV) (KUL BHARAT) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 03 RD JANUARY, 2017. * RANJAN VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE DCIT, CENTRAL CIRCLE-2, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- M/S GOVERDHAN BUILDERS PVT. LTD, 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 (MA NO. 123 &124/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR