DCIT-CENTRAL-CIRCLE-2(2), Nagpur V. M/S RACHANA CONSTRUCTION CO. (NAGPUR) PVT. LTD., Nagpur

ITA 113/NAG/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1549 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 07-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: HIMESH N DEMBLE
• Keywords: Tax effect

Judgement Text

1 ITA NO. 11 3 /NAG/204 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 11 3 /NAG/2014 ASSESSMENT YEAR : 200 4 - 05 DY. COMMISSIONER OF INCOME - TAX, M/S RACHANA CONSTRUCTION CENTRAL CIRCLE - 2(2), NAGPUR. VS. CO. (NAGPUR) PVT. LTD., NAGPUR. PAN AACCR1666C APPELLANT. RESPONDENT. APPELLANT BY : SHRI P.R. MANE. RESPONDENT BY : SHRI HIMESH N. DEMBLE. DATE OF HEARING : 16 - 12 - 2015. DATE OF PRONOUNC EMENT : 16 TH DECEMBER, 2015. O R D E R PER SHRI SHAMIN YAHYA, A.M . THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - III, NAGPUR DATED 28 - 11 - 2013 DELETING THE PENALTY U/S 271(1)(C) OF THE I.T. ACT AMOUNTING TO RS. 8 ,00,000/ - . 2. AT THE THRESHOLD WE NOTE THAT AS PER THE CBDT CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 THE MONETARY LIMIT FIXED FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE INCOME - TAX APPELLATE TRIBUNAL IS HAVING TAX EFFECT OF MORE THAN RS.10,00,000/ - IT HA S BEEN MENTIONED IN PARA 10 OF THE ABOVE SAID CIRCULAR THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS. FURTHER IT HAS BEEN PROVIDED THAT THE PENDING APPEALS BELOW THE SPECIFIED LIMIT MAY BE WITHDRAWN/NOT PRESSED. WE FIND THAT IN THIS A PPEAL THE TAX EFFECT IS BELOW RS.10,00,000/ - . 2 ITA NO. 11 3 /NAG/204 3. THERE ARE CERTAIN EXCEPTIONS PROVIDED IN THE ABOVE SAID CIRCULAR. LEARNED D.R. DID NOT DISPUTE THAT THIS APPEAL IS BELOW THE ABOVE SAID LIMIT. FURTHER HE COULD NOT POINT OUT ANY FEATURE IN THE PRESENT APPEAL INVITING ANY OF THE EXCEPTIONS IN THE SAID CIRCULAR. 4. IN THE LIGHT OF THE ABOVE OBSERVATIONS, THIS APPEAL BY THE REVENUE STANDS DISMISSED IN LIMINE ON ACCOUNT OF TAX EFFECT. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF DEC., 2015. SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER. NAGPUR, DATE D: 16 TH DEC., 2015. COPY FORWARDED TO : 1. M/S RACHANA CONSTRUCTION CO. (NAGPUR) PVT. LTD. 4 TH FLOOR, LOTUS GOERPETH LAYOUT, W.H.C. ROAD, DHARAMPETH, NAGPUR - 440010. 2. D.C.I.T., CENTRAL CIRCLE - 2(2), NAGPUR. 3. COMMISSIONER OF INCOME - TAX - , NAGPUR. 4. CIT(APPEALS) - IIII, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE.