Income Tax Appellate Tribunal - Jaipur
Assistant Commissioner Of Income Tax, ... vs M/S Bitthal Das Parwal, Huf, Jaipur on 21 August, 2019
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IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH 'A' JAIPUR
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BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM
vk;dj vihy la-@ITA No. 751 & 752/JP/2019
fu/kZkj.k o"kZ@Assessment Year : 2014-15 & 2016-17
ACIT, cuke M/s Bitthal Das Parwal, HUF, 376,
Central Circle-3, Vs. Nahargarh Road, Chandpole Bazar,
Jaipur Jaipur
LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. AACHB8343P
vihykFkhZ@Appellant izR;FkhZ@Respondent
jktLo dh vksj ls@ Revenue by : Sh.J. C. Kulhari (JCIT)
fu/kZkfjrh dh vksj ls@Assessee by : Sh. Rajnikant Bhatra (CA)
lquokbZ dh rkjh[k@ Date of Hearing : 20.08.2019
?kks"k.kk dh rkjh[k@ Date of Pronouncement : 21.08.2019
vkns'k@ ORDER
PER: VIKRAM SINGH YADAV, A.M. These appeals by the department are directed against the order dated 26.03.2019 of ld. CIT (A)- 4, Jaipur for the assessment years 2014-15 & 2016-17. As per the grounds of appeal, the tax effect calculated by the AO in respect of the relief granted by the ld. CIT (A) which has been challenged in the present appeal is less than Rs. 50 lacs.
2. We have heard the ld. D/R as well as the ld. A/R. At the outset, we note that the tax effect in this appeal is not exceeding the monetary limit as revised by the CBDT vide Circular dated 08.08.2019 for the purpose of filing of appeal by the department before the Income Tax Appellate Tribunal from Rs. 20,00,000/- to Rs.
ITA No. 751 & 752-JP-2019 ACIT, Jaipur vs. M/s Bitthal Das Parwal, HUF, Jaipur 50,00,000/-. For ready reference, we reproduce the CBDT Circular No. 17 of 2019 dated 08.08.2019 as under :-
Further Enhancement of Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court - Amendment to Circular 3 of 2018 - Measures for reducing litigation.
Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation.
Appeals/SLPs in Income- Monetary Limit (Rs.) Monetary Limit (Rs.)
tax matters (previous limit) (Revised Limit)
Before Appellate 20,00,000 50,00,000
Tribunal
Before High Court 50,00,000 1,00,00,000
Before Supreme Court 1,00,00,000 2,00,00,000
• The Assessing Officer shall calculate the tax effect separately for every assessment year in
respect of the disputed issues in the case of every assessee. If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit.
• Further, even in the case of composite order of any High Court or appellate authority which involves• more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit.
• In case where a composite order/ judgement involves more than one assessee, each assessee shall be• dealt with separately."
Accordingly, the appeal of the department is not maintainable being monetary limit is less than/not exceeding Rs. 50,00,000/-.2
ITA No. 751 & 752-JP-2019 ACIT, Jaipur vs. M/s Bitthal Das Parwal, HUF, Jaipur
3. The department is at liberty to file the Miscellaneous Application in case the tax effect in this appeal is found to be more then Rs. 50,00,000/- or the case falls in any of the exceptions of the circular.
4. In the result, both the appeals of the department are dismissed.
Order pronounced in the open court on 21/08/2019.
Sd/- Sd/-
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(Vijay Pal Rao) (Vikram Singh Yadav)
U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member
Tk;iqj@Jaipur
fnukad@Dated:- 21/08/2019.
Ganesh Kr.
vkns'k dh izfrfyfi vxzfs 'kr@Copy of the order forwarded to:
1. vihykFkhZ@The Appellant- ACIT, Central Circle -03, Jaipur
2. izR;FkhZ@ The Respondent- M/s Bitthal Das Parwal, HUF, Jaipur
3. vk;dj vk;qDr@ CIT
4. vk;dj vk;qDr@ CIT(A)
5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur
6. xkMZ QkbZy@ Guard File {ITA No. 751 & 752/JP/2019} vkns'kkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar 3