The ACIT, Circle-5, Jaipur v. M/s Mangalam Arts
[Citation -2016-LL-1004-19]
| Citation | 2016-LL-1004-19 |
|---|---|
| Appellant Name | The ACIT, Circle-5, Jaipur |
| Respondent Name | M/s Mangalam Arts |
| Court | ITAT-Jaipur |
| Relevant Act | Income-tax |
| Date of Order | 04/10/2016 |
| Assessment Year | 2011-12 |
| Judgment | View Judgment |
| Keyword Tags | provident fund contribution • esi contribution • tax effect |
| Bot Summary: | ORDER PER SHRI VIKRAM SINGH YADAV, A.M. This is an appeal filed by the Revenue against the order of CIT(A)-2, Jaipur dated 18.05.2016 wherein the re venue has taken following grounds of appeal: Whether on the facts and in the circumstances of the case and in law the CIT(A) has erred in deleting the addition of Rs. 10,24,729/- made by the AO on account of payment made for provident fund contribution u/s 36(iv) of the IT Act, 1961. 142/2007-ITJ(Pt) instructing the authorities below that departmental appeal should not be filed before ITAT where the demand/tax effect does not exceed Rs.10 lacs. The circular specifically mentions that it will be applicable to all pending appeals also. 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the departmental appeals pending before ITAT where the demand/tax effect is not exceeding Rs. 10 lacs should be either withdrawn or not pressed by the departmental representatives at the time of hearing. 2.3 The Revenue appeal is not covered by any of the exceptions mentioned in the said CBDT circular. Since the tax demand in dispute does not exceed the limit of Rs. 10 lacs as set out by CBDT, the impunged appeal is not maintainable. In the result the appeal filed by the Revenue is dismissed. |