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

ITA 1632/PUN/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0571 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-09-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 27-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• 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. 1632/PN/2014 %' ( ')( / ASSESSMENT YEAR : 2009-10 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, SOLAPUR ....... / APPELLANT ' / V/S. SHREE SIDDESHWAR SAHAKARI SAKHAR KARKHANA LIMITED, KUMATHE, TAL.-NORTH SOLAPUR, DISTRICT SOLAPUR PAN : AAAAS3729F / RESPONDENT ASSESSEE BY : SHRI PRASANNA JOSHI REVENUE BY : SHRI P.L. KUREEL / DATE OF HEARING : 18-10-2016 / DATE OF PRONOUNCEMENT : 18-10-2016 * / 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 2009-10. 2 ITA NO. 1632/PN/2014, A.Y. 2009-10 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 CBDT CIRC ULAR NO. 21/2015, DATED 10-12-2015. 3. SHRI P.L. KUREEL REPRESENTING THE DEPARTMENT FAIRLY ADM ITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EFFECT IS LES S THAN ` 10 LAKHS. 4. BOTH SIDES HEARD. THE REVENUE IS IN APPEAL AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) IN ALLOWING SALE OF SUGA R AT CONCESSIONAL RATE BY ASSESSEE TO ITS MEMBERS AND WORKE RS. THE LD. DR HAS PLACED ON RECORD A LETTER DATED 07-10-2016 FROM AS SISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, SOLAPUR. A PERUSAL OF AFORESAID COMMUNICATION SHOWS THAT THE DEPARTMENT IS SEEKING ADDIT ION OF ` 50,97,788/- INSTEAD OF ` 25,94,767/- UPHELD BY COMMISSIONER OF INCOME TAX (APPEALS). ADMITTEDLY, THE TAX EFFECT INVOLVED IN APPEAL IS ` 7,73,433/-, WHICH IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY CBDT FOR FILING OF APPEAL BEFORE TRIBUNAL. THE CBDT VIDE CIRCULAR NO . 21/2015, DATED 10-12-2015 HAS RAISED THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO ` 10 LAKHS. THE CIRCULAR APPLIES TO THE APPEALS TO BE FILED BY THE DEPA RTMENT IN FUTURE, AS WELL AS THE APPEALS PENDING BEFORE THE TRIBUNAL. THUS, IN VIEW OF THE CBDT CIRCULAR THE PRESENT APPEAL OF THE REVEN UE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 3 ITA NO. 1632/PN/2014, A.Y. 2009-10 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HE ARING ON TUESDAY, THE 18 TH DAY OF OCTOBER, 2016. SD/- SD/- ( . . / R.K. PANDA) ( ! ' / VIKAS AWASTHY) #' / ACCOUNTANT MEMBER $ % #' / JUDICIAL MEMBER / PUNE; &# / DATED : 18 TH OCTOBER, 2016 RK *+,%-.#/#)- / 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