DCIT, Jaipur V. NATURAL SLATE AND SAND STONES EXPORTS PVT. LTD., Jaipur

MA 159/JPR/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5707 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-01-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 15-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: POONAM ROY
• Keywords: Audit objection; Tax effect
• Section: 10B

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH HKKXPAN] YS[KK LNL; ] DS LE{K BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER M.A. NO. 159/JP/2017 (ARISING OUT OF ITA NO. 244/JP/2017) FU/KZKJ.K O'KZ @ ASSESSMENT YEAR: 2009-10 D.C.I.T., CIRCLE-3, JAIPUR. CUKE VS. M/S NATURAL SLATE AND SAND STONE EXPORTS (P) LTD., NICE & NATURAL HOUSE, MADHAV NAGAR, GANDHI PATH, VAISHALI NAGAR, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAACN 4159 N VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SMT. POONAM ROY (DCIT) FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : NONE LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 19/01/2018 MN?KKS'K.KK DH RKJH[ K @ DATE OF PRONOUNCEMENT: 23/01/2018 VKNS'K @ ORDER PER: BHAGCHAND, A.M. THE REVENUE HAS FILED THE PRESENT MISC. APPLICATION ON 30/11/2017 AGAINST THE ORDER OF THE ITAT, JAIPUR BENCH, JAIPUR DATED 20/06/2017 PASSED IN ITA NO. 244/JP/2017 FOR THE ASSESSMENT YE AR 2009-10. 2. IN THIS CASE, THE REVENUE FILED APPEAL VIDE ITA NO. 244/JP/2017 FOR THE ASSESSMENT YEAR 2009-10 AGAINST THE ORDER OF LE ARNED CIT(A)-I, JAIPUR DATED 20/01/2017. THIS BENCH OF THE ITAT, JAIPUR HAS DECIDED THE APPEAL M.A. NO. 159/JP/2017 DCIT VS M/S NATURAL SLATE & SAND STONE EXPORTS P LTD . 2 ON ACCOUNT OF BELOW TAX EFFECT AND ON THE BASIS OF C BDT CIRCULAR NO. 21/2015 DATED 10/12/2015 AND DISMISSED THE REVENUE S APPEAL. 3. THE REVENUE FILED THIS MISC. APPLICATION AND EXPL AINED THE REASONS THAT THIS APPEAL IS NOT COVERED UNDER THE CBDT CIRCU LAR NO. 21/2015 AND SUBMITTED AS UNDER: VIDE ITS ORDER DATED 20.6.2017 IN ITA NO. 244/JP/2 017 (REVENUES APPEAL) FOR THE ASSTT. YEAR 2009-10 IN THE CASE OF M/S NATURAL SLATE AND SAND STONE EXPORTS (P) LIMITED, JAIPUR RECEIVED IN THE OFFICE OF THE PR. CIT-1, JAIPUR ON 18.7.2017. APPEAL BEFORE HONBLE TRIBUNAL WAS FILED IN THE INS TANT CASE AGAINST THE ORDER OF THE CIT(APPEAL)-L, JAIPUR PASSED IN AP PEAL NO.482/2014-15 DATED 20.1.2017 WHEREBY THE LD.CIT(A ) HAD ALLOWED DEDUCTION OF RS.10,83,781/- CLAIMED U/S 10B OF THE I.T. ACT, 1961. TAX EFFECT IN THIS CASE IS RS.3,34,888/- . THE HONBLE TRIBUNAL DISMISSED THE APPEAL FILED BY THE DEPARTME NT WITHOUT GOING INTO MERITS FOLLOWING THE CIRCULAR NO. 21/201 5 DATED 10.12.2015 STATING THAT TAX EFFECT INVOLVED IS BELO W RS.10 LACS AND THE APPEAL IS NOT COVERED UNDER ANY EXCEPTIONS MENT IONED IN SAID CIRCULAR. THE ORDER OF HONBLE TRIBUNAL IS BASED ON THE INCOR RECT FACTS AS THE ISSUE ARISES OUT OF REVENUE AUDIT OBJECTION VIDE AU DIT QUERY NO. 14 DATED 10.9.2012. THUS THE CASE FALLS IN EXCEPTION ( C) OF THE BOARDS CIRCULAR NO.21/2015 DATED 10.12.2015 BEING REVENUE AUDIT OBJECTION. SINCE THE MISTAKE IS APPARENT FROM THE ORDER OF HON BLE ITAT, JAIPUR BENCHES(SMC), JAIPUR, THE SAME MAY KINDLY BE RECTIFIED M.A. NO. 159/JP/2017 DCIT VS M/S NATURAL SLATE & SAND STONE EXPORTS P LTD . 3 UNDER SECTION 254(2) OF THE I.T. ACT, 1961 BY RECAL LING THE APPEAL ORDER AND DECIDING THE SAME ON MERITS. 4. ON THE OTHER HAND, NONE ATTENDED ON BEHALF OF TH E ASSESSEE BEFORE THE BENCH. IT IS ALSO NOTED THAT AT THE TIME HEARIN G OF THE APPEAL, NO BODY APPEARED BEFORE THE BENCH ON BEHALF OF THE ASSESSEE TO PURSUE THE CASE OF THE ASSESSEE. 5. IN VIEW OF THE SUBMISSION OF THE REVENUE THAT IS SUE INVOLVED IN THE APPEAL ARISES OUT OF REVENUE AUDIT OBJECTION VIDE A UDIT QUERY NO. 14 DATED 10.9.2012. THE CASE FALLS IN EXCEPTION (C) OF THE BOARDS CIRCULAR NO.21/2015 DATED 10.12.2015 BEING REVENUE AUDIT OBJ ECTION. AFTER CONSIDERING ALL THESE FACTS AND CIRCUMSTANCES AND I N THE INTEREST OF JUSTICE, I RECALL ORDER DATED 20/06/2017 PASSED BY THIS BENC H IN ITA NO. 244/JP/2017. ACCORDINGLY THE PRESENT M.A. FILED BY THE REVENUE IS ALLOWED. THE REGISTRY IS DIRECTED TO FIX THE CASE AS PER THE REGULAR HEARING. 5. IN THE RESULT, THE PRESENT MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23/01/2018. SD/- HKKXPAN (BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ TK;IQJ TK;IQJ TK;IQJ @ @@ @ JAIPUR FNUKAD @ DATED:- 23 RD JANUARY, 2018 M.A. NO. 159/JP/2017 DCIT VS M/S NATURAL SLATE & SAND STONE EXPORTS P LTD . 4 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE D.C.I.T., CIRCLE-3, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- M/S NATURAL SLATE AND SAND STONE EXPORTS (P) 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 (M.A. 159/JP/2017) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR