Joint Commissioner of Income-tax, (OSD), Circle -2, Solapur V. Subhash Deshmukh and Company , Solapur

ITA 105/PUN/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5751 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 30-04-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 11-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARISES OUT OF PASSED
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE VIRTUAL COURT BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI S.S. VISWANETHRA RAVI , J UDICIAL MEMBER I TA NO. 105 /PUN/201 8 / ASSESSMENT YEAR : 201 3 - 1 4 JCIT (OSD), CIRCLE - 2, SOLAP UR . VS. M/S. SUBHASH DESHMUKH AND COMPANY 8536 - A/11, LOKMANGAL HOUSE, MURARJI PETH, NEAR OLD POONA NAKA, SOLAPUR - 413001 PAN : A AFFS4171F APPELLANT RESPONDENT / ORDER TH IS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) - 7 , PUNE ON 03 - 1 0 - 2017 IN RELATION TO THE ASSESSMENT YEAR 201 3 - 1 4 . 2. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE DESPITE NOTICE . HOWEVER, IT HAS BEEN FAIRLY ADMITTED BY THE LD. DR THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50.00 LAKH. A SSESSEE BY NONE RE VENUE BY SHRI VITTHAL BHOSALE DATE OF HEARING 30 - 0 4 - 202 1 DATE OF PRONOUNCEMENT 30 - 0 4 - 202 1 ITA NO . 105 /PUN/ 201 8 M/S. SUBHASH DESHMUKH AN DCOMPANY 2 3. THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATED 08 - 08 - 2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT IN INCOME - TAX CASES BEFORE VA RIOUS APPELLATE FORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11 - 07 - 2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNAL AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANCED IN THE RECENT CIRCULAR DATED 08 - 08 - 2019 TO RS.50.00 LAKH. SINCE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAKH, WE ARE NOT INCLINED TO ENTERTAIN THIS APPEAL. 4. AT THIS JUNCTURE, IT IS PERTINENT TO NOTE THAT THE CBDT VIDE F.NO.279/MISC/M - 13/2018 - ITJ DATED 20 - 08 - 2019 HAS CLARIFIED THAT THE REVISED MONETARY LIMITS SO MENTIONED IN CIRCULAR NO.17/2019 ARE APPLICABLE TO ALL PENDING APPEALS. NOT ONLY THAT, IT HAS FURTHER BEEN DIRECTED TO THE COMPETENT AUTHORITIES TO WITHDRAW ALL SUCH APPEALS ON OR BEFORE 31 - 10 - 2019 . HOWEVER, IT IS MADE CLEAR THAT IF THE TAX EFFECT IN THIS PARTICULAR APPEAL IS FOUND OUT TO BE MORE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH OR THE CASE IS COVERED BY AN EXCEPTION, IT WILL BE OPEN TO THE REVENUE TO MOVE THE TRIBUNAL FOR TAKING NECESSARY ACTION. ITA NO . 105 /PUN/ 201 8 M/S. SUBHASH DESHMUKH AN DCOMPANY 3 5. IN VIEW OF THE FOREGOING DISCUSSION, WE DISMISS THE APPEAL FILED BY THE REVENUE. 6. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH APRIL , 202 1 . SD/ - SD/ - ( R.S.SYAL ) ( S.S. VISWANETHRA RAVI ) VICE PRESIDENT JUDICIAL MEMBER PUNE ; DATED : 30 TH APRIL , 202 1 GCVSR / COPY OF THE ORDER IS F ORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A) - 7 , PUNE 4 . 5. THE PR. CIT - 6 , PUNE DR A , ITAT, PUNE 6 . / GUARD FILE / BY ORDER, / / TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO . 105 /PUN/ 201 8 M/S. SUBHASH DESHMUKH AN DCOMPANY 4 DATE 1. DRAFT DICTATED ON 30 - 0 4 - 202 1 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 30 - 0 4 - 202 1 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DI SCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER.