The ACIT, Circle- 1, Kota v. Rathi Synthetics & Silk Mills
[Citation -2019-LL-0821-123]

Citation 2019-LL-0821-123
Appellant Name The ACIT, Circle- 1, Kota
Respondent Name Rathi Synthetics & Silk Mills
Court ITAT-Jaipur
Relevant Act Income-tax
Date of Order 21/08/2019
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags low tax effect
Bot Summary: At the outset, we note that the tax effect in this appeal 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. 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 Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts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 Monetary Limit tax matters (previous 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 2 ITA No. 792/JP/2019 ACIT vs. M/s Rathi Synthetics Silk Mills 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 INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, B JAIPUR BEFORE: SHRI RAMESH C. SHARMA, AM & SHRI VIJAY PAL RAO, JM ITA No. 792/JP/2019 Assessment Year : 2014-15 ACIT, cuke M/s Rathi Synthetics & Silk Mills Circle-1 Vs. Rathi House, Press Road, Kota. Bhawani Mandi, Jhalawar, PAN/GIR No.: AAFFR8485H Appellant Respondent Revenue by : Ms Anuradha (JCIT) Assessee by: None Date of Hearing : 20/08/2019 Date of Pronouncement: 21/08/2019 ORDER PER: VIJAY PAL RAO, J.M. This appeal by Revenue is directed against order dated 29.03.2019 of ld. CIT(A), Kota for assessment year 2014-15. As per grounds of appeal, tax effect calculated by AO in respect of relief granted by ld. CIT (Appeals) which has been challenged in present appeal is less than Rs. 50,00,000/-. ITA No. 792/JP/2019 ACIT vs. M/s Rathi Synthetics & Silk Mills 2. We have heard ld. D/R and considered relevant material on record. At outset, we note that tax effect in this appeal is not exceeding monetary limit as revised by CBDT vide Circular dated 08.08.2019 for purpose of filing of appeal by department before Income Tax Appellate Tribunal from Rs. 20,00,000/- to Rs. 50,00,000/-. For ready reference, we reproduce CBDT Circular No. 17 of 2019 dated 08.08.2019 as under :- Further Enhancement of Monetary limits for filing of appeals by 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 Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLPs in Income- Monetary Limit Monetary Limit tax matters (Rs.) (previous (Rs.) 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 Assessing Officer shall calculate tax effect separately for every assessment year in respect of disputed issues in 2 ITA No. 792/JP/2019 ACIT vs. M/s Rathi Synthetics & Silk Mills case of every assessee. If, in case of assessee, disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which tax effect in respect of disputed issues exceeds monetary limit. No appeal shall be filed in respect of assessment year or years in which tax effect is less than monetary limit. Further, even in 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 assessment year or years in which tax effect is less than monetary limit. In case where composite order/ judgment involves more than one assessee, each assessee shall be dealt with separately. Accordingly, appeal of department is not maintainable being monetary limit is less than/not exceeding Rs. 50,00,000/-. 3. department is at liberty to file Miscellaneous Application in case tax effect in this appeal is found to be more then Rs. 50,00,000/- or case falls in any of exceptions of circular. In result, Revenue s appeal is dismissed. Order pronounced in open court on 21/08/2019 Sd/- Sd/- jes k lh0 (Ramesh. C. Sharma) (Vijay Pal Rao) Accountant Member Judicial Member Jaipur Dated:- 21/08/2019. 3 ITA No. 792/JP/2019 ACIT vs. M/s Rathi Synthetics & Silk Mills *Santosh. Copy of order forwarded to: 1. Appellant- ACIT, Circle-1, Kota. 2. Respondent- M/s Rathi Synthetics & Silk Mills, Jhalawar. 3. CIT 4. CIT(A) 5. DR, ITAT, Jaipur. 6. Guard File {ITA No. 792/JP/2019} By order, Asst. Registrar 4 ACIT, Circle- 1, Kota v. Rathi Synthetics & Silk Mill
Report Error