ACIT, Alwar V. RAGHUVEER METAL INDUSTRIES PVT. LTD., Ajmer

MA 70/JPR/2020

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 8498 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 11 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-11-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 20-09-2022
• Assessment Year: misc
• Appeal Filed On: 17-11-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SWETA DHANKAR
• Keywords: Tax effect; Tax effect

Judgement Text

. 1 vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Jh laanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM Misc. Application No. 70/JP/2020 (Arising out of vk;dj vihy la-@ITA No.1039/JP/2016) fu/kZkj.k o"kZ@Assessment Year : 2012-13 The ACIT Central Circle Alwar cuke Vs. M/s. Raghuveer Metal Industries Pvt. Ltd., Adarash Nagar, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABCR 7496 R vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksj ls@Revenue by: Smt. Monisha Choudhary, JCIT fu/kZkfjrh dh vksj ls@Assessee by : Ms.Sweta Dhankar, CA lquokbZ dh rkjh[k@Date of Hearing : 21/09/2022 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 15/11/2022 vkns'k@ORDER PER: RATHOD KAMLESH JAYANTBHAI, AM This is a Miscellaneous Application filed by the Revenue u/s 254(2) of the Act against the order of the ITAT Jaipur Bench dated 22-08-2019 in the case of the assessee M/s. Raghuveer Metal Industries Pvt. Ltd. wherein the appeal of the Department was dismissed by holding that the tax effect in this appeal is not exceeding the monetary limit as revised by the CBDT Circular No. 17 of 2019 dated 08-08-2019 for the purpose of filing of appeal by the Department before the Income Tax . 2 Appellate Tribunal from Rs.20,00,000/- to Rs. 50,00,000/-. It is also mentioned at para 3 of this order that the department is at liberty to file the Miscellaneous Application in case the tax effect in this appeal is found to be more than Rs.50,00,000/- or the case falls in any of the exceptions of the Circular. It is further mentioned by the Department that the tax effect involved in this case is Rs.54,38,340/- and thus prayed through Misc. Application that the case falls under the exception laid down in para 10(e) of the Circular No. 3/2018 and the issue is required to be decided on merits of the case irrespective of tax effect involved in this case. 2.1 During the course of hearing, the ld. AR of the assessee relied on the order of the ITAT, Jaipur Bench dated 22-08-2019. 2.2 We have heard the both the parties and perused the materials available on record. We found that the Department has also filed a Circular F.No.279/Misc.142/2007-ITJ(Pt.) dated 20 th Aug. 2018 issued by the CBDT making amendment in para 10 (e) of the Circular No. 3 of 2018 dated 11-07-2018 which reads as under: ‘’10. Adverse judgements relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect: (e) Where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ED/DRI/SFIO/ Directorate of GST Intelligence (DGGI).’’ Since the ld. DR drew our attention to the order in dispute wherein the addition has been made on account of information received from . 3 Anti-evasion team of Central Excise after making survey at the premises of the assessee, therefore based on these facts the exception as mentioned in the board circular, will apply. In view of the facts and the specific exemption granted by CBDT in its circular (supra), the Bench decided to recall its order dated 22-08-2019 and hear the case of the Department on merit afresh but by providing adequate opportunity of hearing to the assessee. Thus the Misc. Application filed by the Department is allowed. 3.0 In the result, the Misc. Application of the Department is allowed. Pronounced in the Open Court on 15 /11/2022. Sd/- Sd/- ¼lanhi xkslkbZ½ ¼ jkBksM deys'k t;UrHkkbZ ½ (Sandeep Gosain) (Rathod Kamlesh Jayantbhai) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 15/11/2022 *Mishra vkns'k dh izfrfyfi vxzsf’kr@Copy of the order forwarded to: 1. The Appellant- The ACIT, Central Circle, Alwar ,. 2. izR;FkhZ@ The Respondent- M/s. Raghuveer Metal Industries Pvt. Ltd. 3. vk;dj vk;qDr@ The ld CIT 4. vk;dj vk;qDr¼vihy½@The ld CIT(A) 5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 6. xkMZ QkbZy@ Guard File (MA No. 70/JP/2020) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar