Assistant Commissioner of Income-tax, Ratnagiri Circle, Ratnagiri V. Satish Anant Potdar, Ratnagiri

ITA 1625/PUN/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8632 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 07-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘B’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI C.M. GARG, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1625/PUN/2018 िनधा रण वष / Assessment Year : 2012-13 ACIT, Ratnagiri Circle, Ratnagiri Vs. Satish Anant Potdar, A/P. Kumbharli Chiplun, Ratnagiri PAN : ABGPP2041M Appellant Respondent आदेश / ORDER PER R.S.SYAL, VP : This appeal by the Revenue arises out of the order passed by the CIT(A)-2, Kolhapur on 24-07-2018 in relation to the assessment year 2012-13. 2. At the outset, the ld. AR submitted that the tax effect in the instant appeal is less than Rs.50.00 lakh, which the ld. DR conceded. 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 Assessee by : Shri Pramod Shingte Revenue by : Shri Piyush Kumar Singh Yadav Date of hearing : 12-11-2021 Date of pronouncement : 12-11-2021 ITA No.1625/PUN/2018 Satish Anand Potdar 2 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. 5. In the result, the appeal is dismissed. Order pronounced in the Open Court on 12 th November, 2021. Sd/- Sd/- (C.M. GARG) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 12 th November, 2021 Satish ITA No.1625/PUN/2018 Satish Anand Potdar 3 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent; 3. The CIT(A)-2, Kolhapur 4. 5. 6. The Pr.CIT-2, Kolhapur DR, ITAT, ‘B’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 12-11-2021 Sr.PS 2. Draft placed before author 12-11-2021 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *