Pr. Commissioner Of Income Tax, Jaipur-Ii, Jaipur v. M/S Rajasthan Financial Corporation Ltd., Udyog Bhawan, Tilakmarg, Jaipur

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No.42/2021 Pr. Commissioner Of Income Tax, Jaipur-II, Jaipur. ----Appellant Versus M/s Rajasthan Financial Corporation Ltd., Udyog Bhawan, TilakMarg, Jaipur. ----Respondent For Appellant(s) : Mr.Sandeep Pathak, Adv. For Respondent(s): Mr.P.K Kasliwal, Adv. HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE ASHUTOSH KUMAROrder 30/07/2024 1.This appeal is filed by Principal Commissioner of Income Tax,Jaipur against the order of Income Tax Appellate Tribunal JaipurBench, Jaipur (for short ‘the Appellate Tribunal’). 2.The brief facts are that addition of Rs.3,00,000/- was madein the assessment year 2011-2012 by passing an order underSection 143(3) & 147/148 of the Income Tax Act, 1961 (‘for shortthe Act’). The Commissioner of Income Tax dismissed the appealbut the respondent succeeded before the Appellate Tribunal.Hence, the present appeal. 3.Learned counsel for the respondent relies upon the Circulardated 15.03.2024 to submit that present appeal is notmaintainable as tax effect is Rs.1,01,700/-. 4.Learned counsel for the appellant at this stage is not able tomake out falling in exception carved out in circular dated15.03.2024. 5.Leaving the question of law open, the appeal is dismissed as not maintainable in view of circular dated 15.03.2024. 6.The appellant shall be at liberty to move an application forrevival in case cause of action still survives. (ASHUTOSH KUMAR), J(AVNEESH JHINGAN), J HS/TANISHA/16