Assistant Commissioner of Income-tax, Circle - 12, Pune V. Amit Enterprises Joint Venture, Pune

ITA 1530/PUN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5102 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 16-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJEEV GHAI SERIAL NO TO
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E . , , ! , ' # BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AW ASTHY, JM SL. NO. ITA NUMBER NAME OF APPELLANT NAME OF RESPONDENT ASST. YEAR 1 - 2. 288 & 289/PUN/2017 THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), PUNE DHARIWAL INDUSTRIES LTD. MANIKCHAND HOUSE, PLOT NO.100/101, D KENNEDY ROAD, BEHIND HOTEL LE MERADIEN, PUNE-411 001 PAN : AAACD5896L 2012 - 13 2013-14 3. 2730/PUN/2017 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLHAPUR. SADASHIVRAO MANDLIK KAGAL TALUKA SAHAKARI SAKHAR KARKHANA LTD. SADASHIVNAGAR, HAMIDWADA, KAGAL. KOLHAPUR. PAN : AAAAK1300Q 2011 - 12 4. 427/PUN/2017 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-12, PUNE. BHAGINI NIVEDITA CO-OPERATIVE BANK LIMITED. 387/388, NARAYAN PETH, RASHTRABHASHA BHAVAN, PUNE- 411 030 PAN : AAAAB0289K 2013 - 14 5. 2471/PUN/2017 THE INCOME TAX OFFICER, WARD 5(2), PUNE. SHRI SANDEEP DINKAR POTNIS, 58, DAMODHAR VIR BAJIPRABHU SAHAKAR NAGAR, PUNE-411009 PAN : AHTPP0206F 2013 - 14 6. 1530/PUN/2017 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-12, PUNE. AMIT ENTERPRISES JOINT VENTURE, 1902, AMIT HOUSE, SADASHIV PETH, PUNE-411 030 PAN : AAAAA5331P 2011 - 12 2 ITA NOS. 288 & 289/PUN/2017 & OTHERS DHARIWAL INDUSTRIES LTD. & OTHERS REVENUE BY : SHRI SANJEEV GHAI (FOR SERIAL NO.1 TO 9) ASSESSEE BY : NONE (FOR SERIAL NOS.1-2, 3, 5 TO 9) MRS. DEEPA KHARE (FOR SERIAL NO.4) / DATE OF HEARING : 16.10.2018 / DATE OF PRONOUNCEMENT : 16.10.2018 $ / ORDER PER BENCH : THESE BUNCH OF NINE APPEALS BY THE REVENUE ARE FILED AG AINST THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APP EALS) FOR THE ASSESSMENT YEAR/S MENTIONED IN THE TITLE AGAINST THE NA ME OF EACH OF THE SAID 9 ASSESSEES. THE IMPUGNED ORDER/S HAVE BEEN PASSED U NDER DIFFERENT SECTION/S OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT). 7. 2130/PUN/2017 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2, SANGLI THE UGAR SUGAR WORKS LTD., MAHAVEER NAGAR, DIST. SANGLI, PIN-416 416. PAN :AAACT7580R 2009 - 10 8. 121/PUN/2018 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-6, PUNE M/S. SHARDA ERECTORS PVT. LTD. 15-A, 38, VIJAYNAGAR COLONY, PUNE-411 030 PAN : AACCS6028D 2001 - 02 9. 773/PUN/2018 THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), PUNE. MRS. KANAL SANJAY SHAH, 732/A, LEELA CHAMBERS, OPP. PUSHPA HEIGHTS, PUNE-SATARA ROAD, PUNE-411 037 PAN : AZQPS4256F 2012 - 13 3 ITA NOS. 288 & 289/PUN/2017 & OTHERS DHARIWAL INDUSTRIES LTD. & OTHERS 2. THESE BUNCH OF APPEALS FILED BY THE REVENUE RELATING TO DIFFERENT ASSESSEES WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. 3. THE CBDT VIDE CIRCULAR NO.3/2018, DATED 11.07.2018 HAS R EVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFOR E THE TRIBUNAL WITH RETROSPECTIVE EFFECT. AS PER THE CIRCULAR (SUPRA), THE MONETARY LIMIT OF TAX EFFECT FOR FILING APPEALS BEFORE THE TRIBUNAL BY THE DEPAR TMENT HAS BEEN RAISED TO RS.20 LAKHS. 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE FURNISHED A TA BLE GIVING THE DETAILS OF TAX EFFECT INVOLVED IN EACH OF THE APPEALS MENTION ED IN TITLE AND HAS FILED SEPARATE LETTERS IN RESPECT OF EACH OF THE APPEALS, A LL DATED 03.10.2018 WITH A PRAYER TO WITHDRAW THE APPEALS CONSEQUENT TO CB DT CIRCULAR DATED 11.07.2018 (SUPRA.). THE TAX EFFECT IN THE CAPTIONED APPEALS IS UNDISPUTEDLY BELOW THE MONETARY LIMIT OF RS.20 LAKHS. WITHOUT GOING INTO T HE MERIT OF THE ISSUES RAISED IN THE CAPTIONED APPEALS, WE FIND THE ADJUDIC ATION ON MERITS BECOMES AN ACADEMIC EXERCISE AS THESE BUNCH OF APPEALS ARE DEEMED TO BE WITHDRAWN/NOT PRESSED IN ACCORDANCE WITH THE CBDT CIRCU LAR DATED 11.07.2018 (SUPRA). BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL/S WITH THE REQUISITE MATERIAL INDICATING THAT THE APPEALS ARE PROTECTED BY THE EXCEPT IONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA). 4 ITA NOS. 288 & 289/PUN/2017 & OTHERS DHARIWAL INDUSTRIES LTD. & OTHERS 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 11.07 .2018 (SUPRA), THE CAPTIONED APPEALS OF THE REVENUE NUMBERING 9 ARE DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON 16 TH DAY OF OCTOBER, 2018. SD/- SD/- ( ! /VIKAS AWASTHY) ( . /D. KARUNAKARA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 16 TH OCTOBER, 2018. SB $ % &''( ) *' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. !' / THE RESPONDENT. 3. CONCERNED CIT (APPEALS). 4. CONCERNED PR.CIT. 5. %&' !() , * () , +,- , / DR, ITAT, A BENCH, PUNE. 6. './ 01 / GUARD FILE. // TRUE COPY // *2 / BY ORDER, 3 (- /PRIVATE SECRETARY * () , / ITAT, PUNE.