INCOME TAX OFFICER, WARD-4-2, JAIPUR vs. M/S CLASSIC ALUMINUM WORKS PVT. LTD., JAIPUR

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. 463/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2009-10. cuke The Income Tax Officer, M/s Classic Aluminum Works Pvt. Ltd., Vs. Ward 4(2), 43, Ashok Vihar, Near Ambabari Jaipur. Bridge, Behind Petrol Pump, Jhotwara, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCH 0140 B vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksj ls@ Revenue by : Smt. Poonam Rai (DCIT) fu/kZkfjrh dh vksj ls@ Assessee by : None lquokbZ dh rkjh[k@ Date of Hearing: 17/07/2018 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 19/07/2018 vkns'k@ ORDER

PER: VIKRAM SINGH YADAV, A.M.:

This appeal by the Revenue is directed against the order dated 22.01.2018 of CIT (A), Ajmer for the assessment year 2009-10. The Revenue has raised the following grounds of appeal:- “ 1) Whether on the facts and in the circumstances of the case, the CIT (A) was right in deleting the addition of Rs. 48,00,000/- made under section 68 of the I.T. Act on account of accommodation entries of Rs. 48,00,000/- obtained in the form of share application money? 2) The appellant craves its rights to add, amend or alter any of the grounds on or before the hearing.” 2. At the time of hearing, none appeared on behalf of the assessee but the tax effect involved in the appeal is not exceeding Rs. 20 lacs as per the CBDT

2 ITA No. 463/JP/2018 ITO Vs. M/s Classic Aluminum Works Pvt .Ltd. Circular No. 3 of 2018 dated 11th July, 2018. In the present case, tax effect in

Revenue’s appeal is below the prescribed limit of Rs. 20 lacs.

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.

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.

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.

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

3 ITA No. 463/JP/2018 ITO Vs. M/s Classic Aluminum Works Pvt .Ltd. 11.07.2018. Accordingly the appeal of the Department is dismissed as not pressed/withdrawn.

Order pronounced in the open court on 19/07/2018.

Sd/- Sd/- ¼fot; iky 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:- 19th July, 2018 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- The ITO, Ward 4(2), Jaipur. 2. izR;FkhZ@ The Respondent- M/s Classic Aluminum Works Pvt. Ltd., Jaipur 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. 463/JP/2018) vkns'kkuqlkj@ By order,

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