Income-tax Officer, V. Shri Sanjay Popatrao Dhumne, Nashik

ITA 1632/PUN/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3703 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-02-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 27-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK BABU
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , . , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI D. KARUNAKARA RAO , AM . / ITA NO. 1632 /P U N/201 6 / ASSESSMENT YEAR : 20 1 2 - 1 3 THE INCOME TAX OFFICER , WARD 1 (5) , NASHIK . / APPELLANT VS. SHRI SANJAY POPATRAO DHUMNE, SAWARKAR HOSPITAL BUILDING, NEW PANDIT COLONY, NASHIK 42200 2 . / RESPONDENT PAN: A AJPD5141J / APPELLANT BY : SHRI ASHOK BABU / RESPONDENT BY : SHRI SANKET JOSHI / DATE OF HEARING : 21 . 0 2 .201 9 / DATE OF PRONOUNCEMENT: 2 1 . 0 2 .201 9 / ORDER PER SUSHMA CHOWLA, J M : THE APPEAL FILED BY REVENUE IS AGAINST ORDER OF CIT (A) - 1 , NASHIK , DATED 23 . 05 .2016 RELATING TO ASSESSMENT YEAR 20 1 2 - 1 3 AGAINST ORDER PASSED UNDER SECTION 143(3) OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . 2. THE CBDT VIDE CIRCULAR NO.3/2018 , DATED 11 . 07 . 2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED ITA NO. 1632 /P U N/20 1 6 SHRI SANJAY P. DHUMNE 2 TO BE BELOW THE MON ETARY LIMIT OF 20.00 LA KHS SPECIFIED IN THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA). 3. IN THIS BACKGROUND, THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE WAS REQUIRED TO STATE H IS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTI ONED APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR (SUPRA). 4. WITHOUT GOING INTO THE MERIT S OF THE ISSUES RAISED IN THE CAPTIONED APPEAL, THIS APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS ITS FILING IS IN CONTRA VENTION OF THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA). BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE - INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA). 5 . IN CONCLUSION, BY APPLYING THE CBDT C IRCULAR DATED 11 . 07 . 2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THIS 21 ST DAY OF FEBRUARY , 201 9 . SD / - SD/ - ( D.KARUNAKARA RAO ) (SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 21 ST FEBRUARY , 201 9 . GCVSR ITA NO. 1632 /P U N/20 1 6 SHRI SANJAY P. DHUMNE 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 1 , NASHIK ; 4. THE PR. CIT - 1 , NASHIK ; 5. 6. , , / DR A , ITAT, PUNE ; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE