Assistant Commissioner of Income-tax, Circle - 2, Kolhapur V. M/s. Shetkari Sahakari Tambakhu Kharedi Vikri Sangh Ltd, Kolhapur

ITA 1096/PUN/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8491 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 14-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपीऱ सं. / ITA No.1096/PUN/2018 निर्धारण वषा / Assessment Year : 2013-14 The Asst. Commissioner of Income Tax, Circle-2, Kolhapur .......अऩीऱाथी / Appellant बिधम / V/s. M/s. Shetkari Sahakari Tambakhu Kharedi Vikri Sangh Ltd., Plot No.11/12, Market Yard, Kolhapur – 41 PAN: AAAAS1071L ......प्रत्यथी / Respondent Assessee by : None Revenue by : Shri S.P. Walimbe स ु नवाई की तारीख / Date of Hearing : 11-07-2022 घोषणा की तारीख / Date of Pronouncement : 11-07-2022 आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the Revenue directed against the order of Ld. Commissioner of Income Tax (Appeals)-2, Kolhapur, dated 02.04.2018 for the assessment year 2013-14. 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. 2 ITA No.1096/PUN/2018 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 various 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. 5. In view of the foregoing discussion, we dismiss the appeal filed by the Revenue. 6. In the result, the appeal filed by Revenue is dismissed. Order pronounced in the open court on 11 th July, 2022. Sd/- Sd/- S.S.VISWANETHRA RAVI INTURI RAMA RAO JUDICIAL MEMBER ACCOUNTANT MEMBER ऩ ु णे / Pune; ददनाांक / Dated : 11 th July, 2022 GCVSR 3 ITA No.1096/PUN/2018 आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order is forwarded to : 1. अऩीऱाथी / The Appellant; 2. प्रत्यथी / The Respondent; 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A)-2, Kolhapur; 4. The Pr.CIT-2, Kolhapur; 5. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, ऩ ु णे “A” / DR ‘A’, ITAT, Pune; 6. गार्ड पाईऱ / Guard file. आदेशान ु सार / BY ORDER, //सत्यावऩत प्रतत// True Copy// वररष्ठ तनजी सधिव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण, ऩ ु णे / ITAT, Pune Date 1. Draft dictated on 11-07-2021 Sr.PS 2. Draft placed before author 11-07-2021 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/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.