Assistant Commissioner of Income-tax, Circle -2, , Nashik V. Tanaji Annasaheb Patil, Nashik

ITA 1561/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7361 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 02-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 271(1)(c)

Judgement Text

आयकर अपीलीय अिधकरण “बी” Ɋायपीठ पुणे मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.1561/PUN/2019 िनधाᭅरणवषᭅ /Assessment Year: 2009-10 The ACTI, Circle-2, Nashik. Vs Shri Tanaji Annasaheb Patil, Prop. of M/s.Chetan Enterprises, Shop No.4, Tip Top Plaza, ZLO Point, MIDC, Amad, Nashik – 422010. PAN: AGVPP 0769 J Appellant/ Assessee Respondent /Revenue Assessee by Shri Sanket Joshi – AR Revenue by Shri M.G.Jasnani - DR Date of hearing 13/07/2022 Date of pronouncement 14/07/2022 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Revenue is directed against the order of ld. Commissioner of Income Tax(Appeals)-2, Pune , dated 02.07.2019, against the penalty order under section 271(1)(c) of the Income Tax Act, 1961 [hereinafter also called as “the Act”] levying penalty at Rs.1,85,293/-. 2. At the outset of hearing, Shri Sanket Joshi, ld.AR for the assessee explained that Tax Effect is low as per CBDT Circular. ITA No.1561/PUN/2029 for the A.Y. 2009-10 ACIT Vs. Tanaji Annasheb Patil [R] 2 However, perusal of the record reveals that the tax effect in the instant appeal is less than Rs.50.00 lakh, which the ld.DR conceded. Tax Effect as per Form 36 column 8a is Rs.1,85,923/-. 3. 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 various appellate forums. The earlier circular No.03/2018 dated 11/07/2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal. 4. At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that the revised monetary limits so mentioned in Circular No.17/2019 are applicable to all pending appeals. In view of the foregoing discussion, we dismiss the appeal filed by the Revenue. However, it is made clear that if the tax effect in this appeal is found by the AO to be more than the prescribed monetary limit of Rs.50.00 lakh or the case(s) is found to be covered by an exception, it will be open to the Revenue to move the Tribunal for recalling the order. ITA No.1561/PUN/2029 for the A.Y. 2009-10 ACIT Vs. Tanaji Annasheb Patil [R] 3 5. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on 14 th July, 2022. Sd/- Sd/- (S.S.GODARA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 14 th July, 2022/ SGR* आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “बी” बᱶच, पुणे / DR, ITAT, “B” Bench, Pune. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकरअपीलीयअिधकरण, पुणे/ITAT, Pune.