INCOME TAX OFFICER, WARD-2-1, ALWAR vs. SHRI RAKESH KUMAR SAINI, ALWAR

C.O. No. 06/JP/2019 (Arising from vk;dj vihy la-@ITA No. 1346/JP/2018) fu/kZkj.k o"kZ@Assessment Year : 2010-11. cuke Shri Rakesh Kumar Saini The Income Tax Officer, S/o late Shri Kanhaiya Lal Saini, Vs. Ward 2(1), 35, Manu Marg, Housing Board, Alwar. Alwar. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. ACGPB 4141 B vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksj ls@ Revenue by : Smt. Runi Pal (JCIT) fu/kZkfjrh dh vksj ls@Assessee by : Shri Rohan Sogani (CA) lquokbZ dh rkjh[k@ Date of Hearing : 05.12.2019. ?kks"k.kk dh rkjh[k@ Date of Pronouncement : 06/12/2019. vkns'k@ ORDER PER BENCH : This appeal by the revenue and cross objection by the assessee are directed against the order dated 11.09.2018 of ld. CIT (A), Alwar for the assessment year 2010-11. The revenue has raised the solitary ground as under :-

“ On the facts and circumstances of the case and in law ld. CIT (A) erred in deleting the addition of Rs. 68,12,809/- made by the AO treating the sale consideration as unexplained income under the head of “Income from Other Sources”, without appreciating the material facts of the case.”

The tax effect in the ground raised by the revenue is stated by the AO as Rs.20,334,315/-. The ld. D/R has not disputed the tax effect in the revenue’s appeal being not exceeding Rs. 50,00,000/- being provided in the CBDT Circular No. 17 of 2019 dated 08.08.2019.

Further Enhancement of Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court - Amendment to Circular 3 of 2018 - Measures for reducing litigation.

Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLPs in Income- Monetary Limit (Rs.) Monetary Limit (Rs.) tax matters (previous limit) (Revised Limit) Before Appellate Tribunal 20,00,000 50,00,000 Before High Court 50,00,000 1,00,00,000 Before Supreme Court 1,00,00,000 2,00,00,000

• The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. • Further, even in the case of composite order of any High Court or appellate authority which involves• more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. • In case where a composite order/ judgement involves more than one assessee, each assessee shall be• dealt with separately.”

Accordingly, the appeal of the department is not maintainable being monetary limit is less than/not exceeding Rs. 50,00,000/-.

4. Appeal of the department is dismissed.

C.O. No. 6/JP/2019 :

At the time of hearing, the ld. A/R of the assessee has stated at Bar that the assessee does not press the cross objection and the same may be dismissed as not pressed. Accordingly, the cross objection of the assessee is dismissed being not pressed.