DCIT, JAIPUR vs. KAMDHENU ISPOAT LTD., ALWAR

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ITA 77/JPR/2014Status: DisposedITAT Jaipur07 August 2018AY 2001-023 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 Revenue's appeal was not maintainable as the tax effect was below the prescribed limit of Rs. 20 lacs as per CBDT Circular No. 3 of 2018. The appeal was dismissed as not pressed/withdrawn.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting additions made on account of excess generation of finished goods and interest on interest-free advances. The tax effect in the Revenue's appeal was below the threshold limit prescribed by CBDT circular.

What were the issues?

Whether a departmental appeal is maintainable before the ITAT 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, JAIPUR

Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA. No. 77/JP/2014

Hearing: 06/08/2018Pronounced: 07/08/2018

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh fot; ikWy jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA. No. 77/JP/2014 fu/kZkj.k o"kZ@Assessment Years : 2001-02 cuke DCIT, M/s Kamdhenu Ispat Ltd., Vs. Central Circle-2, Jaipur A-114, Rico Phase-111, Bhiwadi LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACK7155M vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksj ls@ Revenue by: Shri Rajendra Jha fu/kZkfjrh dh vksj ls@ Assessee by : Shri Rohan Sogani (CA) lquokbZ dh rkjh[k@ Date of Hearing : 06/08/2018 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 07/08/2018 vkns'k@ ORDER

PER: VIKRAM SINGH YADAV, A.M.

This is an appeal filed by the Revenue against the order of ld. CIT (A)- Alwar dated 12.11.2013 for Assessment Year 2001-02 wherein the Revenue has taken the following grounds of appeal:- “1. On facts and in the circumstances of the case, the ld. CIT(A), Alwar has erred in deleting the addition of Rs. 25,66,054/- made on account of excess generation of finished goods on job work sold outside the books of accounts.

2.

On the facts and in the circumstances of the case, the ld. CIT(A), Alwar has erred in deleting addition of Rs. 98,750/- out of

2 ITA No. 77/JP/2014 DCIT, Jaipur vs. M/s Kamdhenu Ispat Ltd., Bhiwadi total addition of Rs. 1,33,200/- on account of interest on interest free advances to persons specified u/s 40A(2).”

2.

At the time of hearing, the ld. AR of the assessee has raised an

objection of maintainability of the appeal of the Revenue due to the tax effect not exceeding Rs. 20 lacs as per the CBDT Circular No. 3 of 2018 dated 11th

July, 2018.

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

Revenue’s appeal comes to Rs 10,94,040/- less than Rs 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.

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

3 ITA No. 77/JP/2014 DCIT, Jaipur vs. M/s Kamdhenu Ispat Ltd., Bhiwadi 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 Revenue is dismissed as not pressed/withdrawn. In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open Court on 07/08/2018. Sd/- Sd/- ¼fot; ikWy jko½ ¼foØe flag ;kno½ (Vijay Pal Rao) (Vikram Singh Yadav) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 07/08/2018 *Ganesh Kr. आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- DCIT, Jaipur 2. izR;FkhZ@ The Respondent- M/s Kamdhenu Ispat Ltd., Bhiwadi 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत. 6. xkMZ QkbZy@ Guard File { ITA No. 77/JP/2014} vkns'kkuqlkj@ By order, सहायक पंजीकार@Aेेज. त्महपेजतंत

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