DCIT, Jaipur V. BAID LEASING & FIANCE COMPANY LTD., Jaipur

MA 19/JPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5689 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-05-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 26-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NARESH SHARAMA
• 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 ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM MA NO. 19/JP/2019 (ARISING OUT OF ITA NO. 1051/JP/2016) FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2012-13 THE DCIT, CIRCLE-2, JAIPUR. CUKE VS. M/S BAID LEASING & FINANCE CO. LTD. BAID HOUSE, 1, TARA NAGAR, AJMER ROAD, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AACCH 0140 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI NARESH SHARAMA (C.A.) JKTLO DH VKSJ LS @ REVENUE BY : SMT. ANURADHA (JCIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 26/04/2019 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 13/05/2019 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILE D BY THE REVENUE AGAINST THE CO-ORDINATE BENCH DECISION IN I TA NO. 1051/JP/2016 DATED 05.10.2018 WHEREIN THE APPEAL O F THE REVENUE WAS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 2. IN ITS PETITION, THE REVENUE HAS SUBMITTED THAT THE TAX EFFECT IN THE PRESENT APPEAL COMES TO RS. 20,32,516/- AFTER C ONSIDERING SURCHARGE AND CESS AND SAME HAS APPARENTLY NOT BEEN CONSIDERED BY THE COORDINATE BENCH WHILE PASSING THE IMPUGNED ORD ER. IN SUPPORT, RELIANCE WAS PLACED ON THE CBDT CIRCULAR NO. 03/201 8 WHEREIN THE M.A. NO. 19/JP/2019 DCIT VS. M/S BAID LEASING & FINANCE CO. LTD. 2 CBDT HAS CLARIFIED THAT THE TAX EFFECT SHALL BE TAX INCLUDING APPLICABLE SURCHARGE AND CESS. IT WAS ACCORDINGLY SUBMITTED TH AT THE ORDER PASSED BY THE COORDINATE BENCH MAY BE RECALLED TO HEAR THE MATTER ON MERITS. 3. THE LD. AR IS HEARD WHO HAS SUBMITTED THAT HE HA S NO SPECIFIC OBJECTION AND CONCUR WITH THE SUBMISSIONS MADE BY T HE REVENUE IN THE REGARD. 4. AFTER HEARING BOTH THE PARTIES, WE FIND THAT THE TAX EFFECT IN THE PRESENT APPEAL COMES TO RS 20,32,516 AFTER CONSIDER ING THE SURCHARGE AND EDUCATION CESS. ACCORDINGLY, THE DECISION PASS ED BY THE COORDINATE BENCH IN ITA NO. 1051/JP/2018 DATED 05.10.2018 IS H EREBY RECALLED AS THE APPEAL OF THE REVENUE HAS WRONGLY BEEN DISMISSE D ON ACCOUNT OF LOW TAX EFFECT. THE REGISTRY IS DIRECTED TO LIST THE MATTER FOR HEARING ON MERITS ON 19.06.2019. AS PRONOUNCED IN THE OPEN COU RT, SEPARATE NOTICE OF HEARING IS DISPENSED WITH. THE PARTIES AR E AT LIBERTY TO FILE PAPERBOOK, IF ANY, ONE WEEK IN ADVANCE OF THE SCHED ULED DATE OF HEARING. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED WITH ABOVE DIRECTIONS. ORDER PRONOUNCED IN THE OPEN COURT ON 13/05/2019. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR M.A. NO. 19/JP/2019 DCIT VS. M/S BAID LEASING & FINANCE CO. LTD. 3 FNUKAD@ DATED:- 13/05/2019. *SANTOSH VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE RESPONDENT DCIT, CIRCLE-2, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- M/S BAID LEASING & FINANCE CO. 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. 19/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR