ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, Kota V. SHIV EDIBLES LTD., Kota

MA 79/JPR/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6901 (ITAT-JAIPUR)
• Duration Of Justice: 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 25-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P P MEENA
• Assessee Lawyers: MAHENDRA GARGIEYA DHK
• 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. 79/JP/2018 (ARISING OUT OF VK;DJ VIHY LA-@ ITA NO. 321/JP/2015 & M.A. NO. 95/JP/2017) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11 THE ACIT CIRCLE 1KOTA CUKE VS. M/S. SHIV EDIBLES LTD. 237, TALWANDI, KOTA LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AAICS 0274 K 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 : 24 /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. 95/JP/2017 (A RISING OUT OF ITA NO.321/JP/2015) DATED 16-01-2018 FOR RECTIFICATIO N OF MISTAKE U/S 254(2) OF THE I.T.ACT BY PRAYING THEREIN AS UNDER:- HENCE, SURCHARGE AND ADDITIONAL SURCHARGE REFERRED AS EDUCATIONAL CESS FORMS PART OF TAX AND ARE TO BE C ONSIDERED WHILE WORKING OUT THE TAX EFFECT FOR DETERMINING THRESHOL D FOR FILING THE APPEAL BY THE REVENUE IN TERM OF CBDT CIRCULAR NO. 21/2015. IN THE LIGHT OF THE ABOVE DISCUSSION AND IN VIEW OF THE SECTION 254(2) OF THE I.T. ACT, 1961, IT IS PRAYED THAT TH E ORDER DATED 16-01- 2018 IN M.A. NO. 95/JP/2017 (ARISNG OOUT OF ITA NO. 321/JP/2015) MAY KINDLY BE RECALLED AND ALSO THE APPEAL MAY KIND LY BE DECIDED ON MERIT. MA NO. 79/JP/2018 ACIT ,CIRCLE 1, KOTA VS M/S. SHIV EDIBLES LTD., KOTA . 2 2.1 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE OUTSET OF THE HEARING OF THE MISC. APPLICATION OF THE REVENUE ON THE ISSUE OF MONETARY LIMIT, IT IS NOTED THAT CBDT VIDE ITS CIRCULAR NO. 3/2018 (F.N. 279/MISC. 1 42/2007-ITJ (PT.) DATED 11 TH JULY, 2018 HAS OBSERVED THAT DEPARTMENT SHALL NOT FILE THE APPEAL BEFORE THE ITAT WHERE THE TAX EFFECT DOES NO T EXCEED THE MONETARY LIMIT OF RS. 20.00 LACS. IN VIEW OF THE CU RRENT BINDING OF THE MONETARY 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. HENCE, THE M.A. FILED BY THE REVENUE IS DISMISSED. 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:- 24/07/ 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- SHIV EDIBLES LTD 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. 79/JP/2018) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR