Deputy Commissioner of Income-tax, V. M/s. Paradise Construction, Pune

ITA 1493/PUN/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5339 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-07-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 07-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUKESH JHA
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 1493 /P U N/201 6 / ASSESSMENT YEAR : 20 1 1 - 12 DY. COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE ....... / APPELLANT / V/S. M/S. P ARADISE CONSTRUCTION, 21, GULMOHAR APPARTMENTS, 2420 EAST STREET, CAMP, PUNE 411001 PAN : AAHFP3703C / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : SHRI MUKESH JHA / DATE OF HEARING : 17 - 07 - 201 8 / DATE OF PRONOUNCEMENT : 17 - 0 7 - 201 8 / ORDER PER VIKAS AWASTHY, JM : TH E APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 5, PUNE DATED 16 - 03 - 2016 FOR THE ASSESSMENT YEAR 2011 - 12. 2. THE NOTICE OF APPEAL WAS ISSUED TO THE ASSESSEE ON 05 - 04 - 2018 FOR 15 - 05 - 2018 THROUGH RPAD. ON THE SAID DATE THE APPEAL WAS AD JOURNED TO 17 - 07 - 2018. NONE HAS APPEARED ON BEHALF OF THE ASSESSEE. 2 ITA NO . 1493/PUN/2016, A.Y. 2011 - 12 3. SHRI MUKESH JHA REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EFFECT IS LESS THAN RS.20 LAKHS. 4. WE HAVE HEARD THE SUBMISSIONS MADE BY THE LD. DR AND PERUSED THE ORDERS OF AUTHORITIES BELOW. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) IN ALLOWING ASSESSEES CLAIM OF DEDUCTION RS.48,47,627/ - U/S. 80IB(10) OF THE ACT. UNDISPUTEDLY, THE TAX EFFECT INV OLVED IN APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY RECENT CBDT FOR FILING OF APPEAL S BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR NO. 3/2018, DATED 11 - 07 - 2018 HAS RAISED THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO RS.20 LAKHS. THE CIRCULAR APPLIES TO THE APPEALS TO BE FILED BY THE DEPARTMENT IN FUTURE, AS WELL AS THE APPEALS PENDING BEFORE THE TRIBUNAL. THUS, IN VIEW OF THE CBDT CIRCULAR THE PRESENT APPEAL OF THE REVENUE IS L IABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON TUESDAY, THE 1 7 TH DAY OF JULY, 2018. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 17 TH JU LY , 2018 RK 3 ITA NO . 1493/PUN/2016, A.Y. 2011 - 12 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 5, PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 4 , PUNE 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE