Income Tax Appellate Tribunal - Jaipur
Income Tax Officer, Ward-2(1), Ajmer vs Smt. Anjana Mittal, Ajmer on 30 July, 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. 765/JP/2018
fu/kZkj.k o"kZ@Assessment Year : 2015-16
The ITO, cuke Smt. Anjana Mittal
Ward-2(1), Vs. Guru Kripa, Mehboob Ki Kothi,
Ajmer. Anasagar Link Road,
Ajmer.
LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ABXPM 3153 C
vihykFkhZ@Appellant izR;FkhZ@Respondent
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s Assessee by : None
jktLo dh vksj ls@ Revenue by : Shri J. C. Kulhari (J.CIT)
lquokbZ dh rkjh[k@ Date of Hearing : 27/07/2018
mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 30/07/2018
vkns'k@ ORDER
PER: VIJAY PAL RAO, J.M. This appeal by the Revenue is directed against the order dated 27.03.2018 of CIT(A), Ajmer for the assessment year 2015-16. The Revenue has raised the following grounds as under:-
" In view of the facts and circumstances of the case the Ld. CIT(A), Ajmer has erred in:ITA No. 765/JP/2018
ITO vs. Smt. Anjana Mittal
1. deleting the addition of Rs. 41,56,396/- made U/s 68 of the I.T. Act, 1961 on account of bogus claim of LTCG U/s 10(38) and addition of Rs. 83,128/- made U/s 69C of the I.T. Act for commission payment, without appreciating the facts of the case and modus operandi of the scheme which clearly prove that all the transactions were shame transactions and used as a colorable device to create documentary evidences for converting unaccounted money into tax exempt income;
2. deleting both the additions without appreciating the fact that the assessee made bogus claim of LTCG by availing accommodation entries in listed companies incorporated with a view to provide accommodation entry. M/s PS IT Infrastructure & Services Limited was one of such company whose director also admitted that this company is a paper company;
3. The appellant craves to add, amend, alter, deleted or modify the above grounds of appeal before or at the time of hearing."
2. None has appeared on behalf of the assessee-respondent this appeal was called for hearing. It is apparent that the ld. CIT(A) has deleted addition of Rs. 41,56,396/- made U/s 68 of the IT Act and further addition of Rs. 83,128/- made U/s 69C of the Act for commission payment, therefore, tax effect is not exceeding Rs. 20 lacs whereas as per the Circular No. 3/2018 dated 11.07.2018 of CBDT the Department shall withdraw all the appeals having tax effect not exceeding Rs. 20 lacs pending before the Tribunal.
2 ITA No. 765/JP/2018
ITO vs. Smt. Anjana Mittal Hence, when the tax effect in this appeal of the Revenue is not exceeding the limits provided in the Circular No. 3/2018 the same is not maintainable. Accordingly the appeal of the Revenue is dismissed.
In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on 30/07/2018.
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:- 30/07/2017.
*Santosh.
vkns'k dh izfrfyfi vxzfs 'kr@Copy of the order forwarded to:
1. vihykFkhZ@The Appellant- The ITO, Ward-2(1), Ajmer.
2. izR;FkhZ@ The Respondent- Smt. Anjana Mittal, Ajmer.
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. 765/JP/2018} vkns'kkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar 3