Deputy Commissioner of Income-tax, Nashik V. M/s. Ashoka Buildcon Ltd, Nashik

ITA 1134/PUN/2017

• Counselvise Citation: [2020] 112 COUNSELVISE.COM (IT) 0065 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-10-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 05-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Keywords: Assessment record; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE BEFORE SHRI ANIL CHATURVEDI , ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY , J UDICIAL MEMBER . / ITA NO . 11 3 4 /PUN/201 7 / ASSESSMENT YEAR : 20 09 - 10 DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1, NASHIK ....... / APPELLANT / V/S. M/S. ASHOKA BUILDCON LTD., S.NO.861, ASHOKA HOUSE, ASHOKA MARG, WADALA, NASHIK 422011 PAN: AABCA9292J / RESPONDENT ASSESSEE BY : SHRI PRAMOD SHINGTE REVENUE BY : SHRI S.P. WALIMBE / DATE OF HEARING : 01 - 0 1 - 20 20 / DATE OF PRONOUNCEMENT : 01 - 01 - 2020 / ORDER PER ANIL CHATURVEDI , A M : THIS APPEAL PREFERRED BY THE REVENUE EMANATES FROM THE ORDER OF THE LD. CIT(A) - 12 , PUNE, DATED 0 2.0 2 .2017, FOR THE ASSESSMENT YEAR 20 09 - 10 . 2 ITA NO. 1134 /PUN/201 7 M/S. ASHOKA BUILDCON LTD. 2. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE AT THE OUTSET POINTED OUT THAT BECAUSE OF REVISION IN THE MONETARY LIMIT IN FILING THE APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, THE PRESENT APPEAL WOULD NOT BE MAINTAINABLE. IN THIS REGARD, HE PLACED RELIANCE ON CBDT CIRCULAR NO.17/2019. 3. THE LEARNED DEPARTM ENTAL REPRESENTATIVE FOR THE REVENUE FAIRLY CONCEDED THAT TAX EFFECT IN THE PRESENT APPEALS IS LESS THAN 50 LAKHS. 4 . WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. WE PROCEED TO DECIDE THE APPEAL ON THE SURMISE THAT BECAUSE OF REVISION IN MONETARY LIMITS FOR FILING OF APPEALS BEFORE THE TRIBUNAL I.E. WHERE THE MONETARY LIMITS HAVE BEEN ENHANCED TO 50 LAKHS IN EACH OF THE APPEALS VIDE CIRCULAR (SUPRA), NO APPEAL IS MAINTAINABLE WHERE THE TAX EFFECT IS LESS THAN 50 LAKHS. WE HAVE PERUSE D THE ASSESSMENT RECORDS AND FIND THAT TAX EFFECT IS ADMITTEDLY, LESS THAN 50 LAKHS. THE ENHANCEMENT IN THE MONETARY LIMITS IS SQUARELY APPLICABLE NOT ONLY TO THE APPEALS TO BE FILED BUT ALSO APPLIES RETROSPECTIVELY. THE PROPOSITION LAID DOWN BY THE AH MEDABAD BENCH OF TRIBUNAL IN ITO VS. DINESH MADHAVLAL PATEL IN ITA NO.1398/AHD/2004, RELATING TO ASSESSMENT YEAR 1998 - 99 AND 627 OTHERS, VIDE CONSOLIDATED ORDER DATED 14.08.2019, HELD THAT ENHANCEMENT LIMITS WOULD NOT ONLY APPLY TO THE APPEALS TO BE FILED IN FUTURE BUT IT IS ALSO EQUALLY APPLICABLE TO THE APPEALS PENDING FOR DISPOSAL AS ON NOW. IT MAY ALSO BE POINTED OUT THAT CBDT HAS FURTHER VIDE LETTER DATED F.NO.279/MISC/M - 93/2018 - ITJ(PT), DATED 20 TH AUGUST, 2019 HAS CLARIFIED THAT THE SAID CIRCULAR WOU LD APPLY TO PENDING APPEALS ALSO. 3 ITA NO. 1134 /PUN/201 7 M/S. ASHOKA BUILDCON LTD. 5 . THE HON'BLE SUPREME COURT IN THE CASE OF CIT VS. M/S. HONGKONG AND SHANGHAI BANKING CORPORATION LTD. IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO.25086/2019, VIDE JUDGMENT DATED 16.08.2019 HAS ALSO APPLIED THE PROVISIONS OF SAID CIRCULAR TO AN APPEAL PENDING BEFORE IT AND DISMISSED THE SAME ON ACCOUNT OF LOW TAX EFFECT I.E. LESS THAN REVISED LIMIT OF 2 CRORES. IN VIEW THEREOF, WE HOLD THAT PRESENT APPEAL IS NOT MAINTAINABLE BECAUSE OF LOW TAX AND THE SAME IS DISMISSED. 6 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST JANUARY, 2020. SD/ - SD/ - PARTHA SARATHI CHAUDHURY ANIL CHATURVEDI JUDICIAL MEMBER ACCOUNTANT MEMBER / PUNE; / DATED : 1 S T JANUARY, 2020 GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 12 , PUNE 4. / THE PR. CIT CENTRAL, NAGPUR 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / SR. PRIVATE SECRETARY , / ITAT, PUNE