M/s Bajaj Builders[AOP], Aurangabad V. ITO wd- 1[1], Aurangabad

CO 126/PUN/2012

• Counselvise Citation: [2012] 122 COUNSELVISE.COM (IT) 8144 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 03-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MUKESH VERMA
• Keywords: Tax effect

Judgement Text

1 INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NOS. 1247/PN/2011 TO 1251/PN/2011 (ASSESSMENT YEARS 2002-03 TO 2006-07 ITO WARD 1(1), JEEVAN SUMAN, LIC BUILDING, 2 ND FLOOR, N-5, MICDO, AURANGABAD, MAHARASTRA STATE. .. APPELLANT VS. M/S. BAJAJ BUILDERS (AOP), C-3/83, TOWN CENTRE, CIDCO, AURANGABAD .. RESPONDENT PAN NO.AAAAB 3892N CO NOS. 125/PN/2012 TO 129/PN/2012 (ARISING OUT OF ITA NOS. 1247/PN/2011 TO 1251/PN/20 11) (ASSESSMENT YEARS 2002-03 TO 2006-07 M/S. BAJAJ BUILDERS (AOP), C-3/83, TOWN CENTRE, CIDCO, AURANGABAD .. APPELLANT PAN NO.AAAAB 3892N VS. ITO WARD 1(1), JEEVAN SUMAN, LIC BUILDING, 2 ND FLOOR, N-5, MICDO, AURANGABAD, MAHARASTRA STATE. .. RESPONDENT APPLICANT BY : SRI MUKESH VERMA DEPARTMENT BY : SRI M.K. KULKARNI DATE OF HEARING : 28-12-2012 DATE OF PRONOUNCEMENT : 28-12-2012 ORDER PER BENCH: THE CAPTIONED ARE FIVE APPEALS PREFERRED BY THE REV ENUE AGAINST THE ORDER OF THE CIT(A), AURANGABAD DATED 11-07-2011 PE RTAINING TO THE ASSESSMENT YEARS 2002-03 TO 2006-07 AND THE FIVE CA PTIONED CROSS OBJECTIONS ARE PREFERRED BY THE ASSESSEE FOR THE RE SPECTIVE ASSESSMENT YEARS. 2 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE SUBMITTED THAT THE COMMON GROUNDS RAISED IN THE CROSS OBJECTIONS FOR A LL THE CAPTIONED ASSESSMENT YEARS GOES TO THE ROOT OF THE MATTER WHI CH IS TO THE EFFECT THAT THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINAB LE AS THE TAX EFFECT IN THE RESPECTIVE ASSESSMENT YEARS DOES NOT EXCEED THE MONETARY LIMIT PRESCRIBED BY THE CBDT VIDE ITS INSTRUCTION NO.3/20 11 DATED 09-02-2011. IT IS THEREFORE SUBMITTED THAT THE DEPARTMENTAL APPEAL S BE DISMISSED AS NON- MAINTAINABLE ON THIS ASPECT ALONE. THE LEARNED COU NSEL FOR THE ASSESSEE HAS FURNISHED A CHART SHOWING THE TAX EFFECT IN THE FIV E DEPARTMENTAL APPEALS WHICH IS AS FOLLOWS : M/S. BAJAJ BUILDERS, AURANGABAD ITA NO.1247/2011 ITA NO.1248/2011 ITA NO.1249/2011 ITA NO. 1250/2011 ITA NO.1251/2011 ASSESSMENT YEAR 2002-03 2003-04 2004-05 2005-06 2006-07 INCOME ASSESSED AS PER DEPARTMENT 206256 598610 489450 480810 11580 INCOME AS PER THE ASSESSEE NIL NIL NIL NIL NIL DISPUTED TAXABLE INCOME 206256 598610 489450 480810 11580 DISPUTED TAX LIABILITY 63115 188562 154176 147127 3543 3. THE AFORESAID FACTUAL POSITION PLEADED BY THE AS SESSEE HAS NOT BEEN CONTROVERTED BY THE LEARNED DEPARTMENTAL REPRESENTA TIVE. 4. IN THE LIGHT OF THE CBDT INSTRUCTION DATED 09-02 -2011 (SUPRA) MONETARY LIMITS HAVE BEEN PRESCRIBED FOR FILING OF APPEALS BEFORE THE APPELLATE TRIBUNAL, HIGH COURT AND SUPREME COURT. IN TERMS THERETO, IT IS PRESCRIBED THAT THE DEPARTMENT SHALL NOT FILE APPEA LS IN ITAT IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED RS. 3 LAKHS. IN THE CAPTIONED APPEALS FILED BY THE REVENUE THE TAX EFFECT IN EACH ASSESSMENT YEARS DOES NOT EXCEED RS. 3 LAKHS AS UNDERSTOOD IN TERMS OF PARA 4 OF THE CBDT INSTRUCTION DATED 09-02- 2011 (SUPRA) AND THEREFORE THE CAPTIONED FIVE DEPAR TMENTAL APPEALS ARE NOT MAINTAINABLE SINCE THEY ARE IN VIOLATIVE OF THE CBD T INSTRUCTION DATED 09-02- 3 2011 (SUPRA). ACCORDINGLY, THE APPEALS OF THE REVE NUE ARE DISMISSED AS NON-MAINTAINABLE. 5. IN THIS LIGHT, THE GROUND RAISED IN ALL THE CROS S OBJECTIONS IS ALLOWED. 6. RESULTANTLY, WHEREAS THE CROSS OBJECTIONS ARE AL LOWED, THE APPEALS OF THE REVENUE ARE DISMISSED AS ABOVE. THE ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF THE HEARING IN THE PRESENCE OF BOTH T HE PARTIES ON 28-12-2012. SD/- SD/- (R.S.PADVEKAR) (G.S. PAN NU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE DATED: THE 28 TH DECEMBER 2012 SATISH COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. DEPARTMENT 3. CIT(A), AURANGABAD 4. CIT, AURANGABAD 5. THE D.R, A PUNE BENCH 6. GUARD FILE BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY ITAT, PUNE BENCHES, PUNE