Assistant Commissioner of Income-tax, V. Tribhuvan Properties P. Ltd., Nandurbar

ITA 1640/PUN/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0965 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 29-07-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ANIL CHAWARE
• Keywords: Depreciation
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE . . , BEFORE SHRI R.K. PANDA, AM . / ITA NO.1640/PN/2016 / ASSESSMENT YEAR : 2010-11 ACIT, DHULE CIRCLE, DHULE . / APPELLANT V/S TRIBHUVAN PROPERTIES PVT. LTD., SANJAY OIL MILL COMPOUND, TALODA ROAD, NANDURBAR-425 412 PAN : AAACT8443R . / RESPONDENT / APPELLANT BY : SHRI ANIL CHAWARE / RESPONDENT BY : NONE (WRITTEN SUBMISSION) / ORDER PER R.K.PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE OR DER DATED 30-05-2016 OF THE CIT(A)-I, NASHIK RELATING TO ASS ESSMENT YEAR 2010-11. 2. DESPITE SERVICE OF NOTICE NONE APPEARED ON BEHALF OF THE ASSESSEE. THEREFORE, THIS APPEAL IS BEING DECIDED ON THE B ASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING THE LD. DEPA RTMENTAL REPRESENTATIVE. 3. ALTHOUGH A NUMBER OF GROUNDS HAVE BEEN RAISED BY TH E REVENUE THEY ALL RELATE TO THE ORDER OF THE CIT(A) IN DELETING AN AM OUNT OF RS.7,06,498/- ADDED BY THE AO ON ACCOUNT OF EXCESS CLAIM OF DEPRECIATION. / DATE OF HEARING :07.09.2016 / DATE OF PRONOUNCEMENT:07.09.2016 2 ITA NO.1640/PN/2016 4. AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE AND ON PERUSAL OF THE MATERIAL AVAILABLE ON RECORD, I FIND THE TAX E FFECT IN THE INSTANT APPEAL FILED BY THE REVENUE IS ADMITTEDLY BELOW RS.1 0 LAKHS. THEREFORE, IN VIEW OF CIRCULAR NO.21/2015 DATED 10-12-2015 OF CBDT RAISING THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPART MENT BEFORE THE TRIBUNAL, WHICH ALSO APPLIES TO PENDING APPEALS FILE D BY THE REVENUE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINAB LE AND HAS TO BE DISMISSED. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEAR ING ITSELF, I.E. ON 07-09-2016. SD/- ( R.K. PANDA ) ACCOUNTANT MEMBER PUNE ; DATED : 07 TH SEPTEMBER, 2016. '# $# / COPY OF THE ORDER FORWARDED TO : / BY ORDER , /// // $ % / TRUE COPY // // TRUE COPY // &' % * / SR. PRIVATE SECRETARY *, / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT (A) - I, NASHIK 4. THE CIT-I, NASHIK 5. $ %%* , * , SMC BENCH / DR, ITAT, SMC BENCH PUNE; 6. 2 / GUARD FILE.