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Income Tax Appellate Tribunal - Jaipur

Deputy Commissioner Of Income Tax, ... vs M/S. Gupta K.N. Construction, Jaipur on 8 August, 2018

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IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR

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BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM

                 vk;dj vihy la-@ITA. No. 748/JP/2018
                 fu/kZkj.k o"kZ@Assessment Years : 2012-13

The DCIT,                             cuke    M/s     Gupta     K.    N.
Circle-07,                            Vs.     Construction, D-50, Chomu
Jaipur                                        House, C-Scheme, Jaipur

LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AADFG4615N
vihykFkhZ@Appellant                           izR;FkhZ@Respondent

          jktLo dh vksj ls@ Revenue by: Shri J. C. Kulhari (JCIT)
      fu/kZkfjrh dh vksj l@
                          s Assessee by : None

           lquokbZ dh rkjh[k@ Date of Hearing : 07/08/2018
       mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 08/08/2018

                              vkns'k@ ORDER

PER: VIKRAM SINGH YADAV, A.M. This is an appeal filed by the Revenue against the order of ld. CIT (A)- 3, Jaipur dated 26.03.2018 for Assessment Year 2012-13 wherein the Revenue has taken the following grounds of appeal:-

1. When the assessee deliberately refuses to produce its books of accounts and supporting bills and vouchers, mandatorily required to be maintained by it as per law, in spite of several opportunities to do so, thereby preventing the AO from determining its correct income and pushing him to estimate the assessed income by default, as part of its self serving strategy, can the penalty u/s 271(1) (c) be deleted?

The DCIT, Circle-07, Jaipur vs. Ms Gupta K. N. Construction, Jaipur

2. On the facts and circumstances of the case, the CIT(A) has erred in deleting the penalty u/s 271(1)(c) by relying on judicial pronouncement of cases wherein the facts are completely distinct from the facts of the case of the assessee."

2. None appeared on behalf of the assessee. The ld. D/R has submitted that the tax effect involved in the Revenue's appeal comes to Rs 11,03,380/- less than Rs 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.

3. We have heard the ld DR and perused the material 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 IT Act, CBDT has recently issued Circular No. 3/2018 dated 11 t h Jul y, 2018 (F No. 279/Misc. 142/2007-ITJ(Pt) i nstructing the authori ti es 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.

4. 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 exceeding than 20 lacs should be either withdrawn or not pressed by the departmental representatives.

The DCIT, Circle-07, Jaipur vs. Ms Gupta K. N. Construction, Jaipur

5. 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 Revenue is dismissed as not pressed/withdrawn.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on 08/08/2018 Sd/- Sd/-

        ¼fot; ikWy 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:- 08/08/2018
*Ganesh Kr.

vkns'k dh izfrfyfi vxzfs 'kr@Copy of the order forwarded to:

1. vihykFkhZ@The Appellant- The DCIT, Circle-07, Jaipur

2. izR;FkhZ@ The Respondent- M/s Gupta K. N. Construction, 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. 748/JP/2018} vkns'kkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar