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Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 767/JP/2018
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh fot; iky 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. 767/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2014-15 cuke Income Tax Officer, Ashish Agarwal & Sons (HUF), Vs. Ward 2(1), “Jatan” Todarmal Marg, Civil Lines, Ajmer. Ajmer. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAMHA 0486 N vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksj ls@ Revenue by : Shri J.C. Kulhari (JCIT) fu/kZkfjrh dh vksj ls@ Assessee by : Shri Hemang Gargieya (Adv.). lquokbZ dh rkjh[k@ Date of Hearing: 27/07/2018 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 30/07/2018 vkns'k@ ORDER
PER: VIKRAM SINGH YADAV, A.M.:
This appeal by the Revenue is directed against the order dated 15/03/2018 of CIT (A), Ajmer for the assessment year 2014-15. The Revenue has raised the sole ground of appeal, which is as under:-
In view of the facts and circumstances of the case, the ld CIT(A) Ajmer has erred in : “ i) cancelling the penalty levied for additions of Rs. 11,04,396/- levied for additions of Rs. 34,57,431/- made u/s 68 of the I.T. Act, 1961 and on account of commission payment of Rs. 1,16,669/- without appreciating the facts of the case that the assessee wrongly claimed exemption U/s 10(38) of the I.T. Act, 1961 on account of long term capital gain on shares and surrender thereof for taxation, was not voluntarily made during the course of survey proceedings.”
2 ITA No. 767/JP/2018 ITO Vs. Ashish Agarwal
ii) The appellant craves to add, amend, alter, delete or modify the above grounds of appeal before or at the time of hearing.” 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 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 Rs. 11,04,396/- on the addition of Rs.
45,76,265/- which is below the prescribed limit of Rs 20 lacs.
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.
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 11th dated 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.
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
3 ITA No. 767/JP/2018 ITO Vs. Ashish Agarwal exceeding than 20 lacs should be either withdrawn or not pressed by the departmental representatives. 6. 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 30/07/2018.
Sd/- Sd/- ¼fot; iky jko½ ¼foØe flag ;kno½ (Vikram Singh Yadav) (Vijay Pal Rao) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 30th July, 2018 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- The ITO, Ward 2(1), Ajmer. 2. izR;FkhZ@ The Respondent- Shri Ashish Agarwal & Sons (HUF), Ajmer. 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. 767/JP/2018) vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत