DCIT, Central Circle- 1, Jaipur v. Kayakalp Herbal Pvt. Ltd
[Citation -2019-LL-0822-24]

Citation 2019-LL-0822-24
Appellant Name DCIT, Central Circle- 1, Jaipur
Respondent Name Kayakalp Herbal Pvt. Ltd.
Court ITAT-Jaipur
Relevant Act Income-tax
Date of Order 22/08/2019
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags imposition of penalty • tax effect • monetary limit
Bot Summary: As per grounds of appeal, tax effect in respect of relief granted by the ld. Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts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 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. Since the tax effect is less than Rs. 50.00 lacs, the appeal of the revenue deserves to be dismissed.


IN INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES B , JAIPUR BEFORE: SHRI RAMESH C SHARMA, AM & SHRI VIJAY PAL RAO, JM ITA No. 1335/JP/2018 Assessment Year :2010-11 D.C.I.T., cuke M/s Kayakalp Herbal Pvt. Ltd., Central Circle-1, Vs. 73, Suraj Nagar, East, Civil Lines, Jaipur. Jaipur. PAN/GIR No. AABCK0373N Appellant Respondent Revenue by: Ms. Anuradha (JCIT) Assessee by: Shri Rajnikant Bhatra (CA) Date of Hearing : 20/08/2019 Date of Pronouncement : 22/08/2019 ORDER PER: R.C. SHARMA, A.M. This appeal by revenue is directed against order dated 10/09/2018 of ld. CIT(A)-IV, Jaipur for A.Y. 2010-11 in matter of imposition of penalty U/s 271(1)(c) of Income Tax Act, 1961 (in short, Act). 2. As per grounds of appeal, tax effect in respect of relief granted by ld. CIT(A) works out to be less than Rs. 50.00 lacs, therefore, in view of CBDT circular No. 17/2019 dated 08/08/2019 this appeal deserves to be dismissed. 3. CBDT Circular No. 17 of 2019 dated 08.08.2019 reads as under:- 2 ITA No. 1335/JP/2018 DCIT Vs M/s Kayakalp Herbal Pvt. Ltd. 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 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. 4. Since tax effect is less than Rs. 50.00 lacs, appeal of revenue deserves to be dismissed. Before parting with matter, it is made clear that department is at liberty to file Misc. application, if 3 ITA No. 1335/JP/2018 DCIT Vs M/s Kayakalp Herbal Pvt. Ltd. tax effect is found to be more than Rs. 50.00 lacs or case falls in any of exceptions of circular. 5. In result, appeal of revenue is dismissed. Order pronounced in open court on 22nd August, 2019. Sd/- Sd/- fot; (VIJAY PAL RAO) (RAMESH C SHARMA) Judicial Member Accountant Member Jaipur Dated:- 22nd August, 2019 *Ranjan Copy of order forwarded to: 1. Appellant-The D.C.I.T., Central Circle-1, Jaipur. 2. Respondent- M/s Kayakalp Herbal Pvt. Ltd., Jaipur. 3. CIT 4. CIT(A) 5. DR, ITAT, Jaipur 6. Guard File (ITA No. 1335/JP/2018) By order, Asst. Registrar DCIT, Central Circle- 1, Jaipur v. Kayakalp Herbal Pvt. Ltd
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