Income Tax Appellate Tribunal - Jaipur
Acit, Kota vs Smt. Zahida Bano, Kota on 28 March, 2017
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IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR
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BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM
M.A. No. 107/JP/2016
Arising out if ITA No. 579/JP/2013
fu/kZkj.k o"kZ@Assessment Year : 2008-09.
The Asstt. Commissioner of Income-tax, cuke Smt. Zahida Bano,
Circle-1, Vs. 5-B-18, Vigyan Nagar,
Kota. Kota.
LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. ABSPB 6777 A
vihykFkhZ@Appellant izR;FkhZ@Respondent
jktLo dh vksj ls@ Revenue by : Shri R.A. Verma (Addl. CIT)
fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya (Advocate)
lquokbZ dh rkjh[k@ Date of Hearing : 10.03.2017.
?kks"k.kk dh rkjh[k@ Date of Pronouncement : 28 /03/2017.
vkns'k@ ORDER
PER SHRI KUL BHARAT, JM.
This Miscellaneous Application by the revenue arise out of the order of the Tribunal in ITA No. 579/JP/2013 seeking recalling of the Tribunal's order dated 29.01.2016. It is contended on behalf of the revenue that the appeal iled by the revenue was dismissed on account of low tax effect. However the tax effect comes to R. 10,06,360/- which is above the prescribed limit.
The ld. Counsel for the assessee opposed the submissions and reiterated the written submissions as made.
2.2. We have heard rival contentions and perused the material available on record. It is contended by both the parties that income tax excluding surcharge and the education cess comes to Rs. 8,96,935/- which is below the prescribed limit. In case the education cess and surcharge is added in that event only the tax effect 2 MA No. 107/JP/2016 Smt. Zahida Bano, Kota.
exceeds the prescribed limit. The CBDT vide F.No. 279/Misc.142/2007-ITJ (Pt) issued Circular No. 21/2015 dated 10th December, 2015 which clarifies as under :-
" 4. For this purpose, "tax effect" means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issues against which appeal is intended to be filed (hereinafter referred to as "disputed issues"). However, the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue under dispute, the amount of interest shall be the tax effect. In cases where returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed additions In case of penalty orders, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against."
The revenue by this application has contended that the tax effect in the present case is higher than the prescribed limit. Therefore, in our considered view this issue requires consideration by this Tribunal. Under these facts, we recall our order dated 29.01.2016 and fix the appeal for hearing on 21.04.2017 on the issue of maintainability of the appeal in view of the CBDT Circular No. 21/2015 dated 10th December, 2015.
3. In the result, Miscellaneous Application of the revenue is allowed.
Order pronounced in the open court on 28/03/2017.
Sd/- Sd/-
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( VIKRAM SINGH YADAV) ( KUL BHARAT )
ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member
Jaipur
Dated:- 28/03/2017.
d/
3
MA No. 107/JP/2016
Smt. Zahida Bano, Kota.
vkns'k dh izfrfyfi vxzfs "kr@Copy of the order forwarded to:
1. The Appellant- The ACIT Circle-1, Kota.
2. The Respondent- Smt. Zahida Bano, Kota.
3. The CIT(A).
4. The CIT,
5. The DR, ITAT, Jaipur
6. Guard File ( M.A. 107/JP/2016) vkns'kkuqlkj@ By order, lgk;d iathdkj@ Assistant. Registrar