ACIT, Kota V. SHRI MOHAMMAD MIYAN, Kota

MA 72/JPR/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6932 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 05-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P P MEENA
• Assessee Lawyers: PM M VIHYKFKHZ IZRFKHZ
• Keywords: Tax effect

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;I QJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES , JAIPUR JH FOT; IKY JKO ] U;KF;D LNL; ,O JH HKKXPUN] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM MISC. APPLICATION NO. 72/JP/2018 (ARISING OUT OF VK;DJ VIHY LA-@ ITA NO. 171/JP/2012 & M.A. NO. 137/JP/2017) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2005-06 THE ACIT CIRCLE 1, KOTA CUKE VS. SHRI MOHAMMAD MIYAN PROP: M/S. MASOOM CONSTRUCTION CO. 5-B-18, VIGYAN NAGAR, KOTA LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: ABYPM 2874 M VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY:SHRI P.P. MEENA, JCIT- DR FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: SHRI MAHENDRA GARGIEYA, ADVOCATE LQUOKBZ DH RKJH[K@ DATE OF HEARING : 20/07/2018 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 25 /07/2018 VKNS'K@ ORDER PER BHAGCHAND, AM THE REVENUE HAS FURTHER FILED A MISCELLANEOUS APP LICATION AGAINST ITAT, JAIPUR BENCH ORDER IN M.A. NO. 137/JP/2017 ( ARISING OUT OF ITA NO.171/JP/2012) DATED 22-01-2018 FOR RECTIFICATIO N OF MISTAKE U/S 254(2) OF THE I.T.ACT BY PRAYING THEREIN AS UNDER:- HENCE, IT IS CLEAR THAT SURCHARGE AND ADDITIONAL S URCHARGE REFERRED AS EDUCATIONAL CESS FORMS PART OF TAX AND ARE TO BE CONSIDERED MA NO. 72/JP/2018 ACIT ,CIRCLE 1, KOTA VS SH. M OHAMMAD MIYAN, KOTA . 2 WHILE WORKING OUT THE TAX EFFECT FOR DETERMINING TH RESHOLD FOR FILING THE APPEAL BY THE REVENUE IN TERM OF CBDT CIRCULAR NO. 21/2015. ON THE IDENTICAL ISSUE WHICH ISSUE IN THE CASE OF A SSESSEE'S WIFE, THE HON'BLE ITAT VIDE ITA NO. 579/JP/2013 DATED 15- 05-2017 HELD THAT THE TAX EFFECT INVOLVED ON ADDITION OF RS. 44, 84,675/- FOR THE A.Y. 2005-06 UNDER THE HEAD CAPITAL GAIN AT RS. 10,06,35 0/- AND DECIDED TO HEAR THE CASE ON MERIT. HENCE, THE SUBJECT WHERE AP PEAL FILED BY THE REVENUE WAS CLEARLY MAINTAINABLE HENCE, IN VIEW OF THE SECTION 254(2) OF THE I.T. A CT, 1961, IT IS PRAYED THAT THE ORDER DATED 22-01-2018 IN M.A. NO. 137/JP/2012 (ARISING OUT OF ITA NO.171/JP/2012) MAY KINDLY BE R ECALLED AND ALSO THE APPEAL MAY KINDLY BE DECIDED ON MERIT. 2.1 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE OUTSET OF THE HEARING O F THE MISC. APPLICATION OF THE REVENUE ON THE ISSUE OF MONETARY LIMIT, IT I S NOTED THAT CBDT VIDE ITS CIRCULAR NO. 3/2018 (F.N. 279/MISC. 142/2007-IT J (PT.) DATED 11 TH JULY, 2018 HAS OBSERVED THAT DEPARTMENT SHALL NOT F ILE THE APPEAL BEFORE THE ITAT WHERE THE TAX EFFECT DOES NOT EXCEED THE M ONETARY LIMIT OF RS. 20.00 LACS. IN VIEW OF THE CURRENT BINDING OF THE M ONETARY LIMITS OF 20.00 LACS FOR FILING THE APPEAL BEFORE THE ITAT, WE FIND THAT THE ISSUE RAISED BY THE REVENUE DOES NOT REQUIRE ANY ADJUDICATION. HENC E, THE M.A. FILED BY THE REVENUE IS DISMISSED. MA NO. 72/JP/2018 ACIT ,CIRCLE 1, KOTA VS SH. M OHAMMAD MIYAN, KOTA . 3 3. IN THE RESULT, THE MISC. APPLICATION APPEAL OF T HE REVENUE IS DISMISSED AS PRONOUNCED IN THE OPEN COURT ON 20 -07-2018. SD/- SD/- FOT; IKY JKO HKKXPUN (VIJAY PAL RAO) ( BHAGCHAND) U;KF;D LNL; / JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 25 /07/ 2018 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ACIT, CIRCLE 1, KOTA 2. IZR;FKHZ@ THE RESPONDENT- M/S. MOHAMMAD MIYAN, KOTA 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (MA NO. 72/JP/2018) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR