Deputy Commissioner of Income-tax, Pune V. M/s. Shalaka Infra Tech (India) P. Ltd., Pune

ITA 1221/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1189 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 09-04-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 15-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: HARI KRISHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER . / ITA NO.1221/PUN/2017 & ITA NO.1497/PUN/2016 / ASSESSMENT YEARS : 2010-11 & 2011-12 DCIT, CIRCLE-6, PUNE VS. M/S. SHALAKA INFRA-TECH PRIVATE LTD., PLOT NO.22, SHALAKA HOUSE, GAJANAN HOUSING SOCIETY, GANESHKHIND ROAD, SHIVAJINAGAR, PUNE 411 016 PAN : AAJCS6397Q APPELLANT RESPONDENT C.O. NO.27/PUN/2018 (ARISING OUT OF ITA NO.1497/PUN/2016) / ASSESSMENT YEAR : 2011-12 M/S. SHALAKA INFRA-TECH PRIVATE LTD., PLOT NO.22, SHAKALA HOUSE, GAJANAN HOUSING SOCIETY, GANESHKHIND ROAD, SHIVAJINAGAR, PUNE 411 016 PAN : AAJCS6397Q VS. JCIT, RANGE-6, PUNE CROSS OBJECTOR APPELLANT IN THE APPEAL APPELLANT BY SHRI PANKAJ GARG & SHRI SUDHENDU DAS RESPONDENT BY SHRI HARI KRISHAN DATE OF HEARING 12-09-2019 DATE OF PRONOUNCEMENT 13-09-2019 M/S. SHALAKA INFRA TECH PVT. LTD., A.YRS. 2010-11 & 2011-12 2 / ORDER PER BENCH : THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AGAINST TH E SEPARATE ORDERS OF THE COMMISSIONER OF INCOME-TAX (APPEA LS) DATED 12.01.2017 & 02.05.2017 RESPECTIVELY IN RELATION TO THE ASS ESSMENT YEARS 2010-11 & 2011-12. ASSESSEE HAS ALSO FILED THE C ROSS- OBJECTION AGAINST THE APPEAL BY THE REVENUE FOR THE A.Y. 20 11-12. IT HAS BEEN FAIRLY ADMITTED BY THE LD. DR THAT THE TAX EFFECT IN THESE TWO APPEALS IS LESS THAN RS.50.00 LAKH 2. RECENTLY, 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 BE FORE THE TRIBUNAL AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANC ED IN THE RECENT CIRCULAR DATED 08-08-2019 TO RS.50.00 LAKH. SINCE TAX EFFECT IN THE INSTANT APPEALS IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAKH, WE ARE NOT INCLINED TO ENTERTAIN THE APPEALS OF THE REVENUE. M/S. SHALAKA INFRA TECH PVT. LTD., A.YRS. 2010-11 & 2011-12 3 3. IN VIEW OF THE FOREGOING DISCUSSION, WE DISMISS THE APPEALS FILED BY THE REVENUE. THE CROSS OBJECTION FILED BY THE ASSES SEE HAS BECOME INFRUCTUOUS. 4. IN THE RESULT, THE APPEALS OF THE REVENUE AND CROS S OBJECTION OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH SEPTEMBER, 2019. SD/- SD/- (S.S. VISWANETHRA RAVI) (R.S.SY AL) JUDICIAL MEMBER VICE P RESIDENT PUNE; DATED : 13 TH SEPTEMBER, 2019 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-2, PUNE/CIT(A)-4, PUNE 4. 5. 6. THE PR.CIT-1, PUNE/PR. CIT-3, PUNE , , B / DR B, ITAT, PUNE; / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE M/S. SHALAKA INFRA TECH PVT. LTD., A.YRS. 2010-11 & 2011-12 4 DATE 1. DRAFT DICTATED ON 12-09-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 12-09-2019 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. *