ACIT, AJMER vs. KIRAN AGARWAL, KISHANGARH

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ITA 922/JPR/2015Status: DisposedITAT Jaipur18 June 2021AY 2009-105 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect in the Revenue's appeals was below the prescribed limit of Rs. 20 lacs as per CBDT Circular No. 3 of 2018. Therefore, the appeals were not maintainable.

What were the facts?

The Revenue filed several appeals before the ITAT against orders of the CIT(A) for various assessment years. During the hearing, the assessee's representative raised an objection regarding the maintainability of the appeals.

What were the issues?

Whether the Revenue's appeals are maintainable when the tax effect is below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES “B”, JAIPUR

Before: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM

Hearing: 16/06/2021Pronounced: 18/06/2021

Heard together (4 matters)

ITA No. 905/JP/2015
ITA 932/JP/2015
ITA No. 926/JP/2015
ITA No. 476/JP/2016

Read from the judgment's own cause title. This page is filed under one of them.

3 ITA 932/JP/2015_ ACIT Vs Smt. Sudarshna Somani & 15 Ors. vk;dj vihy la-@ITA No. 476/JP/2016 fu/kZkj.k o"kZ@Assessment Year :2007-08 A.C.I.T., cuke Smt. Vasu Dev Somani, Vs. Central Circle, H.No. 26/84, Ajmer. Near Jangid Dharmshala, Azad Nagar, Madanganj, Kishangarh. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AXTPS 5462 J vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksj ls@ Revenue by: Smt. Rooni Paul (Addl.CIT-DR) fu/kZkfjrh dh vksj ls@ Assessee by: Shri Nikhilesh Kataria (CA) lquokbZ dh rkjh[k@ Date of Hearing : 16/06/2021 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 18/06/2021 vkns'k@ ORDER PER: SANDEEP GOSAIN, J.M. All these appeals have been filed by the Revenue against the separate orders of the ld. CIT(A)-2, Udaipur dated 20/03/2014, 21/03/2014, 10/03/2014 and 13/03/2015 for the different assessment years.

2.

The hearing of the appeals was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic.

3.

At the time of hearing, the ld. AR of the assessee has raised objection of maintainability of the appeals of the Revenue due to the tax effect not exceeding Rs. 20 lacs as per the CBDT Circle No. 3 of 2018 dated 11th July, 2018. The ld. A/R submitted that in the facts of the present case, tax effect in Revenue’s appeal is stated to be below the prescribed limit of Rs 20 lacs.

4 ITA 932/JP/2015_ ACIT Vs Smt. Sudarshna Somani & 15 Ors. 4. The ld. D/R has fairly submitted that the tax effect involved in the Revenue’s appeals are less than 20 lacs which is prescribed threshold limit in terms of the CBDT Circular No. 3/2018 dated 11th July, 2018 issued in supersession of its earlier Circular No. 21 of 2015 dated 10.12.2015.

5.

We have heard the rival contentions and perused the materials available on record. It is observed that the demand/ tax effect in the Revenue’s appeals in question are below Rs. 20.00 lacs . Under the powers vested by section. 268A(1) of the I T Act, CBDT has issued Circular No. 3/2018 dated 11th July, 2018 (F No. 279/Misc. 142/2007-ITJ(Pt) instructing the authorities below that departmental appeal should not be filed before ITAT where the demand/tax effect does not exceed Rs. 20 lacs. The circular is specifically mentioned to be applicable for all pending appeals.

6.

Subject to some exceptions, it is further directed by CBDT that all the departmental appeals pending before ITAT where the demand/tax effect is not exceeding than 20 lacs should be either withdrawn or not pressed by the departmental representatives.

7.

The present appeals are not covered by any exceptions mentioned in the said CBDT circular. Since the tax demand in dispute in these departmental appeals are below the limit set out by CBDT for the appeal,

5 ITA 932/JP/2015_ ACIT Vs Smt. Sudarshna Somani & 15 Ors. the appeals of the department are not maintainable in view of CBDT Circular No. 3 of 2018 dated 11.07.2018. Accordingly the appeals of the Department are dismissed as not pressed/withdrawn.

8.

In the result, all these appeals of the Revenue are dismissed. Order pronounced in the open court on 18th June, 2021.

Sd/- Sd/- ¼foØe flag ;kno½ ¼lanhi x®lkÃa½ (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 18/06/2021 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- 1. izR;FkhZ@ The Respondent- 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File 6. vkns'kkuqlkj@ By order,

सहायक पंजीकार@Aेेज. त्महपेजतंत

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