Deputy Commissioner of Income-tax, V. Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar Karkhana Ltd., Solapur

ITA 1630/PUN/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1964 (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: 2007-2008
• 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 B BENCH, PUN E , , !'#'' $ , % & BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM / ITA NO. 1630/PN/2014 %' ( ')( / ASSESSMENT YEAR : 2007-08 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 1, SOLAPUR ....... / APPELLANT ' / V/S. SAHAKAR MAHARSHI SHANKARRAO MOHITE PATIL SAHAKARI SAKHAR KARKHANA LTD., YESHWANT NAGAR, AKLUJ, TAL.-MALSHIRAS, DISTT.-SOLAPUR PAN : AAAAS3736J / RESPONDENT ASSESSEE BY : SHRI PRASANNA JOSHI REVENUE BY : SHRI MUKESH JHA / DATE OF HEARING : 20-04-2016 / DATE OF PRONOUNCEMENT : 20-04-2016 * / ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE OR DER OF COMMISSIONER OF INCOME TAX (APPEALS)-III, PUNE DATED 19-0 6-2014 FOR THE ASSESSMENT YEAR 2007-08. THE ONLY ISSUE RAISED IN THE APPEAL BY THE REVENUE IS WITH RESPECT TO DELETING OF ADDITION MADE B Y THE ASSESSING OFFICER ON ACCOUNT OF SALE OF SUGAR AT CONCESSIO NAL RATE AT ` 18,35,406/- TO ITS MEMBERS AND NON MEMBERS. 2 ITA NO. 1630/PN/2014, A.Y. 2007-08 2. SHRI PRASANNA JOSHI APPEARING ON BEHALF OF THE ASSESSE E SUBMITTED AT THE OUTSET THAT THE APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF RECENT CBDT CIRCULAR NO. 21/2015, DATED 10-12-2015. 3. SHRI MUKESH JHA REPRESENTING THE DEPARTMENT FAIRLY A DMITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EFFECT IS LESS THAN ` 10 LAKHS. 4. BOTH SIDES HEARD. A PERUSAL OF THE IMPUGNED ORDER A ND DOCUMENTS ON RECORD SHOW THAT IN APPEAL, THE REVENUE HAS ASSAILE D THE FINDINGS OF COMMISSIONER OF INCOME TAX (APPEALS) IN DELETING TH E ADDITION MADE BY THE ASSESSING OFFICER ON ACCOUNT OF SALE O F SUGAR AT CONCESSIONAL RATE AT ` 18,35,406/- TO ITS MEMBERS AND NON MEMBERS. UNDISPUTEDLY, THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN ` 10 LAKHS. THE CBDT CIRCULAR NO. 21/2015, DATED 10-12-2015 HAS RAISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BE FORE THE TRIBUNAL TO ` 10 LAKHS. THE CIRCULAR APPLIES TO THE APPEALS FILED BY THE DEPARTMENT IN FUTURE, AS WELL AS THE APPEALS PENDING BEFORE THE TRIBUNAL. THUS, IN VIEW OF THE CBDT CIRCULAR THE PRESENT AP PEAL OF THE REVENUE IS LIABLE 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 HE ARING ON WEDNESDAY, THE 20 TH DAY OF APRIL, 2016. SD/- SD/- ( . . / R.K. PANDA) ( ! ' / VIKAS AWASTHY) #' / ACCOUNTANT MEMBER $ % #' / JUDICIAL MEMBER / PUNE; &# / DATED : 20 TH APRIL, 2016 RK 3 ITA NO. 1630/PN/2014, A.Y. 2007-08 *+,%-.#/#)- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ' () / THE CIT(A)-III, PUNE 4. ' / THE CIT-IV, PUNE 5. !*+ %%,- , ,- , . ./0 , / DR, ITAT, B BENCH, PUNE. 6. + 1 23 / GUARD FILE. // ! % // TRUE COPY// #4 / BY ORDER, %5 ,0 / PRIVATE SECRETARY, ,- , / ITAT, PUNE