Deputy Commissioner of Income-tax, V. John Deere Equipment Pvt. Ltd., Pune

ITA 1343/PUN/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5248 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-07-2018
• Assessment Year: 2007-2008
• Appeal Filed On: 12-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARPITA DESAI
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO. 1 343 /P U N/201 5 / ASSESSMENT YEAR : 20 07 - 08 THE DY . COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION), CIRCLE - 1, PUNE. . / APPELLANT VS. JOHN DEERE EQUIPMENT PVT. LTD., TOWER XIV, CYBERCITY, MAGARPATTA CITY, H ADAPSAR, PUNE 411013 . / RESPONDENT PAN: A A A CJ4233B / APPELLANT BY : SHRI AJAY MODI / RESPONDENT BY : MS. ARPITA DESAI / DATE OF HEARING : 2 6 . 0 7 .201 8 / DATE OF PRONOUNCEMENT: 2 6 . 0 7 .201 8 / ORDER PER SUSHMA CHOWLA, J M : THE APPEAL FILED BY REVENUE IS AGAINST ORDER OF CIT (A) - 13 , PUNE , DATED 3 1 . 0 7 .20 1 5 RELATING TO ASSESSMENT YEAR 20 07 - 08 AGAINST PENALTY LEVIED UNDER SECTION 271C OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . 2. THE CBDT VIDE CIRCULAR NO.3/2018 , DATED 11 . 07 . 2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED ITA NO. 1 343 /P U N/20 1 5 JOHN DEERE EQUIPMENT PVT. LTD. 2 TO BE BELOW THE MONETARY LIMIT OF 20.00 LA KHS SPECIFIED IN THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA). 3. IN THIS BACKGROUND, THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE WAS REQUIRED TO STATE H IS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTI ONED APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR (SUPRA). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISED IN THE CAPTIONED APPEAL, THIS APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS ITS FILING IS IN CONTRAV ENTION OF THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA). BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE - INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA). 5 . IN CONCLUSION, BY APPLYING THE CBDT C IRCULAR DATED 11 . 07 . 2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THIS 2 6 TH DAY OF JULY , 201 8 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 2 6 TH JULY , 201 8 . GCVSR ITA NO. 1 343 /P U N/20 1 5 JOHN DEERE EQUIPMENT PVT. LTD. 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 13 , PUNE ; 4. THE CIT (IT/TP) , PUNE ; 5. 6. , , / DR A , ITAT, PUNE ; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE