DCIT, CIRCLE-1, JAIPUR V. M/S FATEHPURIA TRANSFORMERS & SWITCHGHEARS PVT. LTD, JAIPUR

MA 39/JPR/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5068 (ITAT-JAIPUR)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 19-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A S NEHRA
• Assessee Lawyers: SANJEEV MATHUR CA DHK
• Keywords: Audit objection; Tax effect

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH B, VC JAIPUR JH LANHI XKSLKBZ] U;KF;D LNL; ,O A JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SING H YADAV, AM VK;DJ VIHY LA- @ M .A. NO. 39/JP/2020 (ARISING OUT OF ITA NO. 813/JP/2019) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2010-11. THE DCIT, CIRCLE-1, JAIPUR. CUKE VS. M/S. FATEHPURIA TRANSFORMERS & SWITCHGEARS PVT. LTD., MACHWA, KALWAR ROAD, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAACF 3456 E VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI A.S. NEHRA, (ADDL. CIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI SANJEEV MATHUR (CA) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 22.01.2021. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 09/02/2021 . VKNS'K@ ORDER PER SANDEEP GOSAIN, J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION, THE REVEN UE IS SEEKING RECALLING OF THE ORDER OF THE TRIBUNAL DATED 21.08.2019 WHEREBY THE APPEAL OF THE REVENUE WAS DISMISSED ON THE BASIS OF CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 AND HELD THAT THE APPEAL IS NOT MAINTAINABLE BEING TAX EFFECT BEL OW THE MONITORY LIMIT PRESCRIBED FOR FILING OF THE APPEAL BEFORE THE ITAT. THE TRIBU NAL WHILE DECIDING THE APPEAL OF THE REVENUE HAS GIVEN LIBERTY TO THE DEPARTMENT TO FILE MISCELLANEOUS APPLICATION IN CASE THE TAX EFFECT IS FOUND TO BE MORE THAN THE MO NITORY LIMIT OF RS. 50,00,000/- OR THE CASE FALLS IN ANY OF THE EXCEPTIONS OF THE CBDT CIRCULAR. 2 MA NO. 39/JP/2020 M/S. FATEHPURIA TRANSFORMERS & SWITCHGEARS PVT. LTD ., JAIPUR. 2. NOW, THE REVENUE VIDE MISCELLANEOUS APPLICATION HAS SUBMITTED THAT THE CASE OF THE REVENUE FALLS IN THE EXCEPTION CLAUSE 10(C) OF CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 AS AMENDED ON 20.08.2018 AS THE ADDITION WAS MADE ON THE BASIS OF REVENUE AUDIT OBJECTION ACCEPTED BY THE DEPARTMENT. IN SUPPORT OF THE ABOVE CONTENTION, THE LD. D/R FURNISHED A COPY OF THE AUD IT OBSERVATION DATED 03.08.2015 IS PLACED BEFORE US. 3. WE HAVE HEARD BOTH THE PARTIES. WE HAVE ALSO GON E THROUGH THE COPY OF THE AUDIT OBSERVATIONS OF THE OFFICE OF THE PRINCIPAL D IRECTOR OF AUDIT (CENTRAL) AHMEDABAD BRANCH OFFICE, RAJASTHAN, JAIPUR DATED 03 .08.2015. CONSIDERING THE AUDIT OBJECTIONS, WE ARE OF THE VIEW THAT THE CASE OF THE REVENUE FALLS IN EXCEPTION CLAUSE 10(C) OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 AS AMENDED ON 20.08.2018. THEREFORE, ON THE BASIS OF AUDIT OBJECT ION, WE RECALL TRIBUNALS DATED 21.08.2019 PASSED IN ITA NO. 813/JP/2019 FOR ADJUDI CATION AFRESH. THE REGISTRY IS DIRECTED TO FIX THE CASE IN DUE COURSE OF TIME. 4. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 09/02/2021. SD/- SD/- FOE FLAG ;KNO LANHI XKSLKBZ (VIKRAM SINGH YADAV) ( SANDEEP GOSAIN ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 09/02/2021. DAS/ 3 MA NO. 39/JP/2020 M/S. FATEHPURIA TRANSFORMERS & SWITCHGEARS PVT. LTD ., JAIPUR. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-THE DCIT, CIRCLE-1, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT-M/S. FATEHPURIA TRANSFORMERS & SWITC HGEARS 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 {M.A NO. 39/JP/2020} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR