Deputy Commissioner of Income-tax, Pune V. M/s. Bosch Chassis Systems India Pvt.Ltd, Pune

ITA 1110/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8817 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 05-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K OJHA
• Assessee Lawyers: N O N E
• Keywords: Tax effect; Rule 8D
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE , , , BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 1110 /P U N/201 7 / ASSESSMENT YEAR : 20 12 - 13 DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE ....... / APPELLANT / V/S. M/S. BOSCH CHASSIS SYSTEMS INDIA PVT. LTD., GAT NO. 306, NANEKAR WADI, CHAKAN, KHED, PUNE 410501 PAN : AAACK7312E / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : SHRI K.K. OJHA / DATE OF HEARING : 11 - 07 - 2019 / DATE OF PRONOUNCEMENT : 11 - 07 - 2019 / ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 1, PUNE DATED 27 - 02 - 2017 FOR THE ASSESSMENT YEAR 2012 - 13. 2. SHRI K.K. OJHA REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EFFECT IS LESS THAN RS.20 LA KHS. 2 ITA NO . 1110/PUN/2017, A.Y. 2012 - 13 3. WE HAVE HEARD THE SUBMISSIONS OF LD. DR AND HAVE PERUSED THE MATERIAL AVAILABLE ON RECORD. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEAL) IN RESTRICTING THE DISALLOWANCE U/S. 14A R.W. RULE 8D TO RS.2,60,884/ - AS AGAINST DISALLOWANCE OF RS.41,46,000/ - MADE BY ASSESSING OFFICER. APART FROM ABOVE, NO OTHER ISSUE IS RAISED IN THE APPEAL BY REVENUE. PRIMA - FACIE, THE TAX EFFECT INVOLVED IN APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE CBDT CIRCULAR FOR FILI NG OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR NO. 3/2018, DATED 11 - 07 - 2018 HAS RAISED THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO RS.20 LAKHS. THE CIRCULAR APPLIES TO THE APP EALS TO BE FILED BY THE DEPARTMENT IN FUTURE AS WELL AS THE APPEALS PENDING BEFORE THE TRIBUNAL. WITHOUT GOING INTO MERIT S OF THE ISSUE RAISED IN THE APPEAL, THE PRESENT APPEAL OF THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. BEFORE PARTING, W E 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 (SUPRA). 5. IN THE RESULT, A PPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY, THE 11 TH DAY OF JULY, 2019. SD/ - SD/ - ( / ANIL CHATURVEDI ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 11 TH JU LY , 2019 . RK 3 ITA NO . 1110/PUN/2017, A.Y. 2012 - 13 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 1, PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 1, PUNE 5 . , , , / DR, ITAT, B BENCH, PUNE. 6 . / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE