ACIT, JAIPUR vs. M/S EURO JEWELS, JAIPUR
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeal as not maintainable due to low tax effect, as per CBDT Circular No. 21/2016. Consequently, the assessee's cross-objection was rendered infructuous.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s deletion of a trading addition of Rs. 16,66,543/-. The assessee also filed a cross-objection challenging a sustained trading addition of Rs. 50,000/-.
What were the issues?
The primary issue was the maintainability of the Revenue's appeal due to low tax effect. The secondary issue concerned the validity of a trading addition sustained by the CIT(A).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Gotan Lime Khaniz Udyog89 citing256 ITR 243 · 2002 · HC
Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 244/JP/2012
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER SHRI KUL BHARAT, JM.
These are two appeal and cross objection filed by the revenue and assessee
respectively against the order of ld. CIT (A)-III, Jaipur dated 19.12.2011 pertaining
to assessment year 2004-05. The ground of revenue’s appeal and grounds of the
assessee’s Cross Objection are as under :-
2 ITA No. 244/JP/2012 & C.O. No. 32/JP/2012 M/s. Euro Jewels, Jaipur.
Ground in Revenue’s appeal :
“Whether on the facts and in the circumstances of the case and in law the learned CIT (A) is justified in giving the relief of Rs. 16,66,543/- on account of trading addition to the assessee ignoring the decision of ITAT in the case of M/. Nand Kishore Meghraj.”
Ground in Assessee’s C.O. :
“1. That on the facts and in the circumstances of the case, the results being fair and reasonable, the assessee having shown better Gross Profit Rate and better results, the ld. Commissioner of Income Tax (Appeals) grossly erred in sustaining a sump sum trading addition of Rs. 50,000/- when no lsuch estimation was required to be made by him.
1.1. That the ld. Commissioner of Income Tax (Appeals) having followed the decision of the Hon’ble Rajasthan High Court in the case of Gotan Khanij Udyog (256 ITR 243), he having been satisfied that no addition u/s 143(3) as such cannot be made but still chose to sustain an addition of Rs. 50,000/- which is unjustified, bad in law, without evidence, contrary to the material on record and deserves to be deleted.
That the ld. Commissioner of Income Tax (Appeals) is correct and justified in deleting the Trading addition to the extent of Rs. 16,66,543/-.”
At the outset, it is contended on behalf of the assessee that the appeal filed
by the revenue is not maintainable on account of low tax effect.
2.1. On the contrary, ld. D/R opposed the submissions.
2.2. After hearing both the parties, we noted that the appeal filed by the revenue
relate to deletion of addition of Rs. 16,66,543/-. The tax effect in this case is less
than Rs. 10 lacs. When the tax effect in the appeal of the department is less than
Rs. 10 lacs then the same is not maintainable in view of the CBDT Circular No. 21/2016 [F. No. 279/Misc.142/2007-ITJ (Pt)] dated 10th December, 2015. As per
section 268A if tax effect is less than Rs.10 lacs then appeal of department is not
3 ITA No. 244/JP/2012 & C.O. No. 32/JP/2012 M/s. Euro Jewels, Jaipur.
maintainable. Moreover, we do not find any exception in the appeal filed by the
revenue as prescribed in the CBDT Circular referred above. Accordingly the appeal of
the Department is dismissed in limine.
C.O. No. 32/JP/2012:
Since the appeal of the revenue is dismissed as not maintainable in view of the CBDT Circular No. 21/2016 [F. No. 279/Misc.142/2007-ITJ (Pt)] dated 10th
December, 2015, the Cross Objection of the assessee has become infructuous. We
therefore dismiss the Cross Objection of the assessee being infructuous.
In the result, appeals of the revenue as well as of the assessee are dismissed.
Order pronounced in the open court on 15 /03/2017.
Sd/- Sd/- ( dqy Hkkjr) ¼foØe flag ;kno½ (VIKRAM SINGH YADAV) ( KUL BHARAT ) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Jaipur Dated:- 15 /03/2017. d/ आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू
The Appellant- The ACIT, Circle-2, Jaipur. 2. The Respondent- M/s. Euro Jewels, Jaipur. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 244 & C.O. No. 32/JP/2012) vkns'kkuqlkj@ By order,
सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत
4 ITA No. 244/JP/2012 & C.O. No. 32/JP/2012 M/s. Euro Jewels, Jaipur.
More judgments on Section 268A
- Income Tax Officer, Ajmer vs Hemant Kumar Sharma, AjmerITA 1506/JPR/2026[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Income Tax Officer, Indore vs Aashta Doshi, IndoreITA 789/IND/2025[2024-25]Status: Disposed12 Oct 2026AY 2024-25
- Income Tax Officer Ward -1(2)(3), Ahmedabad vs Khushal Madhavlal Darji, AhmedabadITA 82/AHD/2026[2022-23]Status: Disposed25 Sept 2026AY 2022-23
- Income Tax Officer, Ward-1, Mehsana vs Hemantkumar Faljibhai Chaudhary, MehsanaITA 475/AHD/2025[2012-13]Status: Disposed25 Sept 2026AY 2012-13
- Dy. CIT-4(1), Indore vs Kiran Bajpai, IndoreITA 426/IND/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
Recent GST High Court judgments
Search GST case law →- Vinay Singh vs. Union Of INDIAAllahabad · 21 Oct 2026
- M/S Aaradhyam Infrabuilders PVT LTD vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026