Deputy Commissioner of Income-tax, V. Shree Adinath Sahakari Sakhar Karkhana Ltd., Solapur

ITA 1629/PUN/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1965 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 27-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUKESH JHA
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . . , ! , # $ BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO.1629/PN/2014 #& & / ASSESSMENT YEAR : 2009-10 DCIT, CIRCLE-1, SOLAPUR . / APPELLANT V/S SHREE ADINATH SAHAKARI SAKHAR KARKHANA LTD. AT & POST SHALGAON BHALVANI, TAL. KARMALA, DIST.SOLAPUR PAN NO.AAAAS4167M . / RESPONDENT / ASSESSEE BY : SHRI PRASANNA JOSHI / REVENUE BY : SHRI MUKESH JHA / ORDER PER R.K.PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 19-06-2014 OF THE CIT(A)-III, PUNE RELATING TO ASSESSMENT YEAR 2009-10. 2. THE ONLY EFFECTIVE GROUND RAISED BY THE REVENUE READ S AS UNDER : 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW, THE LD.CIT(A) HAS ERRED IN DELETING THE ADDITION MADE BY THE ASSESSING OFFICER ON ACCOUNT OF SALE OF SUGAR AT CONCESSIONAL RATE AT RS.19,72,174/- TO ITS MEMBERS AND N ON MEMBERS. / DATE OF HEARING :20.04.2016 / DATE OF PRONOUNCEMENT: 20.04.2016 2 ITA NO.1629/PN/2014 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBM ITTED THAT THE TAX EFFECT IN THE GROUND RAISED BY THE REVENUE IS BELOW RS.10 LAKHS. THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.21/2015 DATED 10-12-2015 THE APPEAL FILED BY THE REVE NUE IS NOT MAINTAINABLE AND SHOULD BE DISMISSED. 4. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED THAT THE TAX EFFECT IN THE INSTANT APPEAL FILED BY THE RE VENUE IS ADMITTEDLY BELOW RS.10 LAKHS. 5. AFTER HEARING THE RIVAL CONTENTIONS MADE BY BOTH THE SIDES, WE FIND THE TAX EFFECT IN THE INSTANT APPEAL FILED BY TH E REVENUE IS ADMITTEDLY BELOW RS.10 LAKHS. THEREFORE, IN VIEW O F CIRCULAR NO.21/2015 DATED 10-12-2015 OF CBDT RAISING THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, WHICH ALSO APPLIES TO PENDING APPEALS FILED BY THE REVENUE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED. IN VIEW OF THE ABOVE, THE APP EAL FILED BY THE REVENUE IS DISMISSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E. ON 20-04-2016. SD/- SD/- ( VIKAS AWASTHY ) ( R.K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE ; DATED : 20 TH APRIL, 2016. 3 ITA NO.1629/PN/2014 ) *#,! -! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT(A) - III , PUNE 4. 5. 6. THE CIT-III, PUNE $ ''(, (, / DR, ITAT, B PUNE; - / GUARD FILE. / BY ORDER , // TRUE COPY // // TRUE COPY // // $ ' //TRUEO /0 ' ( / SR. PRIVATE SECRETARY (, / ITAT, PUNE