DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AJMER vs. SHRI BANNA LAL JAT CONST. PVT. LTD., BHILWARA

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ITA 602/JPR/2018Status: DisposedITAT Jaipur29 August 2018AY 2015-164 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the departmental appeal should not be filed or pressed if the tax effect does not exceed Rs. 20 lacs, as per CBDT Circular No. 3 of 2018. Since the present appeal fell below this limit and was not covered by exceptions, it was not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting certain additions made by the AO. The tax effect in the Revenue's appeal was found to be below the threshold limit prescribed by CBDT Circular No. 3 of 2018.

What were the issues?

Maintainability of departmental appeal before the ITAT when the tax effect is below the prescribed monetary limit as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR

Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 602/JP/2018

PER VIJAY PAL RAO, JM :

This appeal by the revenue is directed against the order dated 01.02.2018 of

ld. CIT (A)-2, Udaipur for the assessment year 2015-16. The revenue has raised the

following grounds :-

“ 1. Whether on the facts and in the circumstances of the case the CIT (A) was right in deleting the addition of Rs. 22,94,800/- out of addition of Rs. 30.09,720/- made by the AO on account of unaccounted imprest money receipts found during the course of search.

2.

Whether on the facts and in the circumstances of the case the CIT (A) was right in deleting the addition of Rs. 2,80,000/- made u/s 40A(3) of the Income Tax Act, 1961 despite the fact that the said amount was found on voucher of payment.

3.

Whether on the facts and in the circumstances of the case the CIT (A) was right in deleting the addition of Rs. 1,73,440/- out

2 ITA No. 602/JP/2018 Shri Banna Lal Jat, Bhilwara.

of addition of Rs. 2,00,000/- made on account of unaccounted receipts made on account of document seized.

4.

Whether on the facts and in the circumstances of the case the CIT (A) was right in deleting the addition of Rs. 5,47,350/- out of addition of Rs. 6,32,171/- on undisclosed expenditure as per incriminating documents found during the search.

The appellant crave, leave or reserving the right to amend modify, alter add or forego any ground(s) of appeal at any time before or during the hearing of this appeal.

2.

The dispute in the appeal of the revenue is regarding deletion of additions of

Rs. 22,94,800/-, Rs. 2,80,000/-, Rs. 1,73,440/ and Rs. 5,47,350/- made by the AO

on various accounts. Admittedly the tax effect in the revenue’s appeal is not

exceeding the limit of Rs. 20 lacs as per CBDT Circular No. 3 of 2018.

2.1. The ld. D/R has fairly submitted that the tax effect involved in the Revenue’s

appeal is 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.

3.

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 appeal in question is below Rs. 20.00 lacs . Under the powers vested by section. 268A(1) of the I T Act, CBDT has recently 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.

3 ITA No. 602/JP/2018 Shri Banna Lal Jat, Bhilwara.

4.

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.

5.

The present appeal is not covered by any exceptions mentioned in the said

CBDT circular. Since the tax demand in dispute in this departmental appeal is below

the limit set out by CBDT for the appeal, the appeal of the assessee is not

maintainable in view of CBDT Circular No. 3 of 2018 dated 11.07.2018. Accordingly

the appeal of the Department is dismissed as not pressed/withdrawn.

7.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 30/08/2018.

Sd/- Sd/- (foØe flag ;kno) (fot; iky jkWo ½ (VIKRAM SINGH YADAV ) (VIJAY PAL RAO) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member

Jaipur Dated:- 30 /08/2018. Das/

आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू

1.

The Appellant- The DCIT, Central Circle, Ajmer. 2. The Respondent –Shri Banna Lal Jat, Bhilwara. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 602/JP/2018) vkns'kkuqlkj@ By order,

सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत

4 ITA No. 602/JP/2018 Shri Banna Lal Jat, Bhilwara.

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