Deputy Commissioner of Income-tax, V. M/s. HOV AR Management Service Pvt. Ltd., Pune

ITA 1266/PUN/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1623 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 15-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT DUA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE , BEFORE MS. SUSHMA CHOWLA, JM / ITA NO.1266/PN/2015 ! ' ' / ASSESSMENT YEAR : 2007-08 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 11, PUNE . / APPELLANT VS. M/S HOV AR MANAGEMENT SERVICES (INDIA) PVT. LTD., ( AMALGAMATED INTO BANCTEC TPS INDIA PVT. LTD. ) 3 RD FLOOR, SHARDA ARCADE, SATARA ROAD, PUNE 411 037 . RESPONDENT PAN: AACCB4817H / APPELLANT BY : SHRI AMIT DUA / RESPONDENT BY : SHRI MAHAVIR JAIN DATE OF HEARING : 30.06.2016 / DATE OF PRONOUNCEMENT: 30.06.2016 # / ORDER PER SUSHMA CHOWLA, JM: THIS APPEAL FILED BY THE REVENUE IS AGAINST THE ORD ER OF CIT(A)-1, PUNE, DATED 30.04.2015 RELATING TO ASSESSMENT YEAR 2007-0 8 AGAINST ORDER PASSED UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961 (I N SHORT THE ACT). 2. ON THE PERUSAL OF RECORD, IT IS APPARENT THAT TH E TOTAL ADDITION MADE BY THE ASSESSING OFFICER WAS RS.18,41,783/- WHICH HAS BEEN DELETED BY THE CIT(A) AND HENCE THE TAX EFFECT IN THE PRESENT APPE AL FILED BY THE REVENUE IS ITA NO.1266/PN/2015 2 BELOW THE LIMITS PRESCRIBED BY THE CBDTS CIRCULAR NO.21/2015 DATED 10.12.2015. IN VIEW OF THE CBDTS CIRCULAR (SUPRA) , THE LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL HAVE BEEN REVISED AND O NLY APPEALS WITH TAX EFFECT OF RS.10 LAKHS ARE TO BE FILED BEFORE THE TRIBUNAL. THIS ALSO APPLIES TO THE PENDING APPEALS BEFORE THE TRIBUNAL. THE LD. DEPAR TMENTAL REPRESENTATIVE FOR THE REVENUE FAIRLY CONCEDED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.10 LAKHS AND HENCE THE SAME IS NOT MAINTAIN ABLE. IN VIEW THEREOF, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT BEI NG MAINTAINABLE. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF JUNE, 2016. SD/- (SUSHMA CHOWLA) / JUDICIAL MEMBER / PUNE ; DATED : 30 TH JUNE, 2016 . ! #$%&'()(& / COPY OF THE ORDER IS FORWARDED TO : THE APPELLANT; THE RESPONDENT; ' ' # () THE CIT(A)-1, PUNE; ' ' # THE CIT-1, PUNE &'( ))*+, ' *+ , , - . // / DR SMC, ITAT, PUNE; (01 2 / GUARD FILE. #! / BY ORDER & ) // TRUE COPY // 345 )! *6 / SR. PRIVATE SECRETARY ' *+ , ITAT, PUNE