ACIT, Jaipur V. SATYA NARAION SHARMA, Jaipur

MA 94/JPR/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5562 (ITAT-JAIPUR)
• Duration Of Justice: 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-11-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 13-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S L CHANDEL
• Assessee Lawyers: JAVED DHK
• Keywords: Assessment record; 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.94/JP/2017 (ARISING OUT OF ITA NO. 191/JP/2015) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11 THE DCIT, CIRCLE-4, JAIPUR CUKE VS. SH. SATYA NARAYAN SHARMA, C-52, PREM COLONY, NEHRU NAGAR, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AGMPS4714P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI S.L.CHANDEL (ADDL. CIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI JAVED (ADVOCATE) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 11/08/2017 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT: 11/08/2017. 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. 191/JP/20 15 DATED 17.12.2015 FOR A.Y. 2010-11. 2. IN ITS APPLICATION, THE REVENUE HAS SUBMITTED IS AS UNDER:- VIDE COMPOSITE ORDER DATED 17.12.2015 IN ITA NO. 1 91/JP/2015 FOR A.Y. 2010-11 IN THE CASE OF SH. SATYA NARAYAN SHARM A, JAIPUR RECEIVED IN THE OFFICE OF PR. CIT-II, JAIPUR ON 18.01.2017, THE HONBLE TRIBUNAL HAS DISMISSED THE APPEAL FILED BY THE REVENUE IN LA W OF CBDTS CIRCULAR NO. 21 OF 2015 DATED 10.12.2015. THE HONBLE ITAT H AS DISMISSED THE MA NO. 94/JP/17 THE DCIT, JAIPUR VS. SH. SATYA NARAYAN SHARMA, JAIP UR 2 APPEAL FILED BY THE REVENUE STATING THAT THE TAX EF FECT INVOLVED IN THIS CASE IS BELOW THE PRESCRIBED MONETARY LIMIT I.E. RS . 10 LACS. HOWEVER, ON PERUSAL OF ASSESSMENT RECORDS, IT IS FO UND THAT THE TAX EFFECT IN THIS CASE IS OF RS. 15,82,434/-, WHICH IS ABOVE THE MONETARY LIMIT FOR FILING APPEAL BEFORE THE HONBLE ITAT AS PRESCRIBED BY THE CBDT. CIRCULATION OF TAX EFFECT INVOLVED IS AS UNDER:- TOTAL INCOME ASSESSED U/S 143(3) : RS. 131,62,730/ - TAX AND EC ON ASSESSED INCOME : RS. 39,68,404/- INCOME AFTER GIVING APPEAL EFFECT : RS. 80,41,588/ - TAX AND EC ON INCOME AFTER APPEAL EFFECT : RS. 23 ,85,970/- OVERALL TAX EFFECT : RS. 15,82,434/- SINCE THE MISTAKE IS APPARENT FROM THE ORDER OF THE HONBLE ITAT, JAIPUR BENCH, JAIPUR, THE SAME MAY KINDLY BE RECTIF IED UNDER SECTION 254(2) OF IT ACT 1961 BY RECALLING THE APPEAL ORDER AND DECIDING THE SAME ON MERITS. 3. AFTER HEARING BOTH THE PARTIES AND ON PERUSAL OF MATERIAL ON RECORD, WE FIND THE CONTENTIONS OF THE REVENUE TO BE CORRECT. WE ACCORDINGLY RECALL THE ORDER PASSED BY THE COORDINATE BENCH DATED 17.12.20 15 TO THE EXTENT IT PERTAINS TO ITA NO. 191/JP/2015. THE REGISTRY IS DI RECTED TO FIX THE MATTER FOR HEARING ON 18.09.2017. THE PARTIES ARE AT LIBERTY T O FILE PAPERBOOK, IF ANY, ONE WEEK IN ADVANCE OF THE SCHEDULED DATE OF HEARING. THE MISCELLANEOUS APPLICATION IS DISPOSED OFF WITH ABOVE DIRECTIONS. ORDER PRONOUNCED IN THE OPEN COURT ON 11/08/2017. MA NO. 94/JP/17 THE DCIT, JAIPUR VS. SH. SATYA NARAYAN SHARMA, JAIP UR 3 SD/- SD/- ( KUL BHARAT ) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER JAIPUR DATED:- 11/08/2017 GANESH KUMAR* VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE DCIT, CIRCLE-4, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- SH. SATYA NARAYAN SHARMA, JAIPUR 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. 94/JP/2017) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR