ACIT, Alwar V. SUPREME TECHNOFEBS P LTD., Alwar

MA 64/JPR/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5561 (ITAT-JAIPUR)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-10-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 11-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Keywords: Tax effect
• Section: 143(3)

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 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 YAD AV, AM VK;DJ VIHY LA-@ MA NO.64/JP/2017 (ARISING OUT OF ITA NO. 54/JP/2014) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2005-06 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, ALWAR CUKE VS. M/S SUPREME TECHNOFABS (P) LIMITED, 1/318, RAJASTHAN HOUSING BOARD, BHIWADI LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AAGCS4330Q VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI R.A.VERMA (ADDL. CIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE LQUOKBZ DH RKJH[K@ DATE OF HEARING : 29/09/2017 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT: 03/10/2017. VKNS'K@ ORDER PER SHRI VIKRAM SINGH YADAV, A.M. THE REVENUE HAS MOVED THE PRESENT MISC. APPLICATION AGAINST THE ORDER PASSED BY THE COORDINATE BENCH IN ITA NO. 54/JP/201 4 DATED 18.12.2015 FOR A.Y. 2009-10. 2. IN ITS APPLICATION, THE REVENUE HAS SUBMITTED A S UNDER:- 1. ASSESSMENT ORDER U/S 143(3) OF THE IT ACT WAS P ASSED IN CASE OF M/S SUPREME TECHNOFABS (P) ON 26.12.2007. AGGRIEVED, TH E ASSESSEE PREFERRED APPEAL BEFORE LD. CIT(A), ALWAR. THE LD. CIT(A) VID E APPELLATE ORDER NO. 387/2007-08 DATED 13.11.2013 ALLOWED RELIEF TO THE ASSESSEE. MA NO. 64/JP/17 THE ACIT, ALWAR VS. M/S SUPREME TECHNOFABS (P) LIMI TED, BHIWADI 2 2. AGGRIEVED, THE REVENUE HAS PREFERRED APPEAL VIDE IT A NO. 54/JP/2014 BEFORE HONBLE ITAT, JAIPUR BENCH, JAIPUR. 3. HONBLE ITAT, JAIPUR BENCH, JAIPUR DISMISSED REVENU E APPEAL VIDE ORDER DATED 18.12.2015 IN ITA NO. 54/JP/2014. 4. IN THE ORDER MENTIONED SUPRA (ITA NO. 54/JP/2014), THE HONBLE ITAT DISMISSED REVENUE APPEAL CONSIDERING THAT THE TAX E FFECT INVOLVED IN THIS CASE IS LESS THAN THE MONETARY LIMITS I.E. RS. 10 L ACKS AS PRESCRIBED IN CBDTS CIRCULE NO. 21/2015 DATED 10.12.2015 FOR FIL ING OF APPEAL BEFORE ITAT WHEREAS TAX EFFECT INVOLVED IN THIS CASE IS RS. 13,26,369/- WHICH EXCEEDS THE MONETARY LIMITS SPECIFIED IN CIRC ULAR NO. 21/2015 FOR FILING OF APPEAL BEFORE ITAT. 5. IN VIEW OF THE ABOVE, THE MISTAKE IN ORDER MENTIONE D SUPRA (ITA NO. 54/JP/2014) IS APPARENT FROM RECORD, WITHIN THE MEA NING OF SECTION 254(2) OF THE ACT AND THE SAME IS REQUIRED TO BE RECTIFIED . UNDER THE ABOVE MENTIONED CIRCUMSTANCES, IT IS PRAY ED THAT A MISCELLANEOUS PETITION MAY KINDLY BE ADMITTED WITH THE PRAYER FOR CONSIDERATION OF ABOVE FACTS IN THE ORDER PASSED IN ITA NO. 54/JP/2014 DAT ED 18.12.2015 FOR AY 2005-06. 3. IN ITS APPLICATION THE REVENUE HAS SUBMITTED THA T ITS APPEAL WAS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. HOWEVER THE ACTUAL TAX EFFECT COMES TO RS. 13,26,369/- AND SAID TAX EFFECT IS ABOVE PRE SCRIBED MONETARY LIMIT FOR FILING OF APPEAL BEFORE THE HONBLE ITAT IN TERMS O F CBDTS CIRCULAR NO. 21/2015 DATED 10.12.2015. 3. AFTER HEARING THE LD DR AND ON PERUSAL OF MATERI AL ON RECORD, WE FIND THE CONTENTIONS OF THE REVENUE TO BE CORRECT. WE AC CORDINGLY RECALL THE ORDER PASSED BY THE COORDINATE BENCH DATED 18.12.2015 TO THE EXTENT IT PERTAINS TO ITA NO. 54/JP/2014. THE REGISTRY IS DIRECTED TO FIX THE MATTER FOR HEARING ON MA NO. 64/JP/17 THE ACIT, ALWAR VS. M/S SUPREME TECHNOFABS (P) LIMI TED, BHIWADI 3 16.11.2017. THE PARTIES ARE AT LIBERTY TO FILE PAPE RBOOK, IF ANY ONE WEEK IN ADVANCE OF THE SCHEDULED DATE OF HEARING. THE MISCELLANEOUS APPLICATION IS ALLOWED WITH ABOV E DIRECTIONS. ORDER PRONOUNCED IN THE OPEN COURT ON 03/10/2017 SD/- SD/- ( KUL BHARAT ) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER JAIPUR DATED:- 03/10/2017 GANESH KUMAR* VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- ASSISTANT COMMISSIONER OF INCOME TAX, ALWAR 2. IZR;FKHZ@ THE RESPONDENT- M/S SUPREME TECHNOFABS(P) LTD., BHIWADI 3. VK;DJ VK;QDR@ CIT I, JAIPUR 4. VK;DJ VK;QDRVIHY@ THE CIT(A)-I, JAIPUR 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (MA NO. 64/JP/2017) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR