Income Tax Appellate Tribunal - Jaipur
Assistant Commissioner Of Income Tax, ... vs M/S Pinkcity Jewelhouse Pvt Ltd. , ... 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 Nos. 978 & 979/JP/2019
fu/kZkj.k o"kZ@Assessment Years : 2012-13 & 13-14.
The Assistant Commissioner of cuke M/s. Pinkcity jewelhouse P. Ltd.,
Income Tax, Vs. 76, Dhuleshwar Garden,
Circle-2, Ajmer Road,
Jaipur. Jaipur.
LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. AAACF 8368 D
vihykFkhZ@Appellant izR;FkhZ@Respondent
jktLo dh vksj ls@ Revenue by : Shri J.S. Kulhari (JCIT)
fu/kZkfjrh dh vksj ls@Assessee by : None
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 VIJAY PAL RAO, J.M.
These two appeals by the department are directed against two separate orders both dated 01.05.2019 of ld. CIT (A)-1, Jaipur for the assessment years 2012-13 & 13-14. As per the grounds of appeals, the tax effect calculated by the AO in respect of the relief granted by the ld. CIT (Appeals) which has been challenged in the present appeals are less than Rs. 50,00,000/- respectively.
2. We have heard the ld. D/R and considered the relevant record. At the outset, we note that the tax effect in these appeals 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. 2
ITA Nos. 978 & 979/JP/2019 M/s. Pinkcity Jewelhouse Pvt. Ltd., Jaipur.
20,00,000/- to Rs. 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Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts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 Tribunal 20,00,000 50,00,000
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 appeals of the department are not maintainable being monetary limit is less than/not exceeding Rs. 50,00,000/-.3
ITA Nos. 978 & 979/JP/2019 M/s. Pinkcity Jewelhouse Pvt. Ltd., 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, appeals of the department are dismissed.
Order pronounced in the open court on 21/08/2019.
Sd/- Sd/-
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(Vikram Singh Yadav) (VIJAY PAL RAO)
ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member
Tk;iqj@Jaipur
fnukad@Dated:- 21/08/2019.
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vkns'k dh izfrfyfi vxzfs 'kr@Copy of the order forwarded to:
1. vihykFkhZ@The Appellant-The ACIT Circle-2, Jaipur.
2. izR;FkhZ@ The Respondent-M/s. Pinkcity Jewelhouse Pvt. Ltd., 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. 978 & 979/JP/2019} vkns'kkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar 4 ITA Nos. 978 & 979/JP/2019 M/s. Pinkcity Jewelhouse Pvt. Ltd., Jaipur.