Dolse Manohar Baburao, Ahmednagar V. Income tax Officer, Ahmednagar

CO 2/PUN/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5425 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 4 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 13-08-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-04-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 08-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N ASHOK BABU
• Assessee Lawyers: SHUBHADA A KOPPA
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO.2725/PUN/2016 / ASSESSMENT YEAR : 2012-13 ITO, WARD-1, AHMEDNAGAR. ....... / APPELLANT / V/S. DOLSE MANOHAR BABURAO, DOLSE NIWAS, JUNA BAZAR ROAD, BURAD GALLI CHOWK, AHMEDNAGAR-414001. PAN : AXMPD6419P / RESPONDENT C.O. NO.02/PUN/2019 (ARISING OUT OF ITA NO.2725/PUN/2016) / ASSESSMENT YEAR : 2012-13 DOLSE MANOHAR BABURAO, DOLSE NIEAS, JUNA BAZAR ROAD, BURAD GALLI CHOWK, AHMEDNAGAR-414001. PAN : AXMPD6419P ....... / APPELLANT / V/S. ITO, WARD-1, AHMEDNAGAR. / RESPONDENT REVENUE BY : SHRI N. ASHOK BABU ASSESSEE BY : MS. SHUBHADA A. KOPPA / DATE OF HEARING : 13.08.2019 / DATE OF PRONOUNCEMENT : 13.08.2019 / ORDER PER D. KARUNAKARA RAO, AM: THE APPEAL FILED BY THE REVENUE IS AGAINST THE ORDER OF THE CIT(A)- 2, PUNE DATED 23.09.2016 FOR THE ASSESSMENT YEAR 2012-13. THE ASSESSEE FILED THE CROSS OBJECTION. 2 ITA NO.2725/PUN/2016 C.O. NO.02/PUN/2019 ITA NO.2725/PUN/2016 BY REVENUE 2. BEFORE US, AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF LATEST CBDT CIRCULAR NO.17/2019 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 08 TH AUGUST, 2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE REVENUE IN APPEAL RAISED GROUNDS ASSAILING THE FINDINGS OF CIT(A) IN DELETING THE ADDITIONS. THUS, THE TAX EFFECT ON THE SAID ADDITIONS IS LESS THAN RS.50 LAKHS. 3. THE LD. DR FOR THE REVENUE FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE REVENUE THE TAX EFFECT IS LESS THAN RS.50 LAKHS. 4. BOTH SIDES HEARD. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF CIT(A) IN DELETING THE ADDITIONS. UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR NO.17/2019 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 08 TH AUGUST, 2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018 FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08-08-2019 (SUPRA) HAS AMENDED PARA 3 OF CIRCULAR NO.3 OF 2018 DATED 11-07-2018 THEREBY ENHANCING MONETARY LIMIT OF TAX EFFECT FROM RS.20 LAKHS TO RS.50 LAKHS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE APPEAL, IN VIEW OF THE CBDT CIRCULAR (SUPRA) THE PRESENT APPEAL OF THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 3 ITA NO.2725/PUN/2016 C.O. NO.02/PUN/2019 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2018 AND ITS AMENDMENT DATED 20-08-2018. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. C.O. NO.02/PUN/2019 BY ASSESSEE 7. THE ASSESSEE IS NOT PRESSED THE CROSS OBJECTION DUE TO APPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT INVOLVED IN THE SAID APPEAL OF THE REVENUE. THUS, THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED AS NOT PRESSED. 8. RESULTANTLY, THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED AS ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DAY OF AUGUST, 2019. SD/- SD/- ( /VIKAS AWASTHY) ( . /D. KARUNAKARA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 13 TH AUGUST, 2019. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-2, PUNE. 4. THE PR. CCIT, PUNE. 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.