Sainath G. Padmawar, Nanded V. Deputy Commissioner of Income-tax,

CO 40/PUN/2016

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2574 (ITAT-PUNE)
• Duration Of Justice: 2 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 17-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 15-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BASHIRUDDIN SHAIK
• Keywords: Bogus purchase; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE . . , , , BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 04 /PN/201 5 / ASSESSMENT YEAR : 20 0 9 - 1 0 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3 , NANDED ....... / APPELLANT / V/S. SHRI SAINATH G. PADMAWAR, 71, GURUKRUPA, BHAGYANAGAR, NANDED. PAN : AA MPP4117H PAN : AA MPP4117H / RESPONDENT . / CO NO. 4 0 /PN/201 6 / ASSESSMENT YEAR : 20 09 - 1 0 (OUT OF ITA NO. 04 /PN/2015) SHRI SAINATH G. PADMAWAR, 71, GURUKRUPA, BHAGYANAGAR, NANDED. NANDED. PAN : AAMPP4117H / CROSS OBJECT OR / V/S. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3, NANDED / RESPONDENT 2 ITA NO . 04 /PN/201 5 , A.Y. 200 9 - 1 0 CO NO.40/PN/2016 ASSESSEE BY : SHRI BASHIRUDDIN SHAIK ASSESSEE BY : SHRI BASHIRUDDIN SHAIK REVENUE BY : SHRI HITENDRA NINAWE / DATE OF HEARING : 1 7 - 1 1 - 2016 / DATE OF PRONOUNCEMENT : 1 7 - 1 1 - 2016 / ORDER PER VIKAS AWASTHY, JM : TH E APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) , AURANGABAD DATED 3 0 - 1 0 - 2014 FOR THE ASSESSMENT YEAR 200 9 - 1 0 . THE ASSESSEE HAS FILED CROSS OBJECTIONS AGAINST THE APPEAL OF REVENUE. 2. SHRI BASHIRUDDIN SHAIK APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED AT THE OUTSET THAT THE APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF CBDT CIRCULAR NO. 21/2015, DATED 10 - 12 - 2015 . 3. SHRI HITENDRA NINAWE REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EFFECT IS LESS THAN ` 10 LAKHS. 3 ITA NO . 04 /PN/201 5 , A.Y. 200 9 - 1 0 CO NO.40/PN/2016 4. BOTH SIDES HEARD. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) IN DELETING THE ADDITION OF RS. 31,16,157/ - MADE ON ACCOUNT OF BOGUS PURCHASES. UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY CBDT FOR FILING OF APPEAL BEFORE TRIBUNAL. THE CBDT VIDE CIRCULAR NO. 21/2015, DATED 10 - 12 - 2015 HAS RAISED THE MONETARY LIMI T OF TAX EFFECT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO ` 10 LAKHS. THE CIRCULAR APPLIES TO THE APPEALS TO BE FILED BY THE DEPARTMENT IN FUTURE , AS WELL AS THE APPEALS PENDING BEFORE THE TRIBUNAL. THUS, IN VIEW OF THE CBDT CIRCULAR THE PRESENT APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 5. IN VIEW OF DISMISSAL OF APPEAL OF REVENUE, THE CROSS OBJECTION S FILED BY THE ASSESSEE HAVE BECOME INFRUCTUOUS. 6 . IN THE RESULT, BOTH , THE APPEAL OF THE REVENUE AND CROSS OBJECTION S OF ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON T HURS DAY, THE 1 7 TH DAY OF NOVEM BER, 2016. SD/ - SD/ - ( . . / R.K. PANDA) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 17 TH NOVEM BER, 2016 GCVSR 4 ITA NO . 04 /PN/201 5 , A.Y. 200 9 - 1 0 CO NO.40/PN/2016 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) , AURANGABAD 4. / THE CIT , AURANGABAD 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. / / // T RUE COPY// / BY ORDER, / SR. PRIVATE SECRETARY , / ITAT, PUNE