Income-tax Officer, Ward - 1 (3), Nashik V. Vijay Gangadhar Kharote, Nashik

ITA 1669/PUN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9451 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 01-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARISE OUT OF A COMMON PASSED
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ITA NOS. 1669 & 1670/PUN/2019 / ASSESSMENT YEARS : 2010-11 & 2011-12 ITO, WARD-1(3), NASHIK VS. VIJAY GANGADHAR KHAROTE, PROP. OF M/S. SANT ENGINEERING WORKS, G-38, MIDC, AMBAD, NASHIK 422 010 PAN : AEUPK1099R APPELLANT RESPONDENT / ORDER PER BENCH : THESE TWO APPEALS BY THE REVENUE ARISE OUT OF A COMMON ORDER PASSED BY THE CIT(A)-1, NASHIK ON 22-08-2019 I N RELATION TO THE ASSESSMENT YEARS 2010-11 & 2011-12. 2. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESS EE DESPITE NOTICE. HOWEVER, IT HAS BEEN FAIRLY ADMITTED BY THE LD. DR TH AT THE TAX EFFECT IN THESE APPEALS ARE LESS THAN RS.50.00 LAKH. ASSESSEE BY NONE REVENUE BY SHRI S.P. WALIMBE DATE OF HEARING 19-08-2020 DATE OF PRONOUNCEMENT 19-08-2020 ITA NOS.1669 & 1670/PUN/2019 VIJAY GANGADHAR KHAROTE 2 3. RECENTLY, THE CBDT HAS ISSUED CIRCULAR NO.17/2019 D ATED 08-08-2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT IN INCOME-TAX CASES BEFORE VA RIOUS APPELLATE FORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11 -07- 2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BY THE REVE NUE BEFORE THE TRIBUNAL AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BE EN ENHANCED IN THE RECENT CIRCULAR DATED 08-08-2019 TO RS.50 .00 LAKH. SINCE TAX EFFECT IN THE INSTANT APPEALS ARE LESS THAN THE REVIS ED MONETARY LIMIT OF RS.50.00 LAKH, WE ARE NOT INCLINED TO ENTER TAIN THESE APPEALS. 4. AT THIS JUNCTURE, IT IS PERTINENT TO NOTE THAT THE CBDT VID E F.NO.279/MISC/M-13/2018-ITJ DATED 20-08-2019 HAS CLARIFIED THAT THE REVISED MONETARY LIMITS SO MENTIONED IN CIRCULAR NO.17/20 19 ARE APPLICABLE TO ALL PENDING APPEALS. NOT ONLY THAT, IT HAS FUR THER BEEN DIRECTED TO THE COMPETENT AUTHORITIES TO WITHDRAW ALL SUCH APPEALS ON OR BEFORE 31-10-2019. HOWEVER, IT IS MADE CLEAR THAT IF THE TAX EFFECT IN THESE APPEALS IS FOUND OUT TO BE MORE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH OR THE CASE IS COVERED BY AN EXCEPTION, IT WILL BE OPEN TO THE REVENUE TO MOVE THE TRIBUNAL FOR TAKING NECESSARY ACTION. ITA NOS.1669 & 1670/PUN/2019 VIJAY GANGADHAR KHAROTE 3 5. IN VIEW OF THE FOREGOING DISCUSSION, WE DISMISS THE APPEALS FILED BY THE REVENUE. 6. IN THE RESULT, BOTH THE APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH AUGUST, 2020. SD/- SD/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 19 TH AUGUST, 2020 SATISH / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-1, NASHIK 4. 5. THE PR.CIT-1, NASHIK , , SMC / DR SMC, ITAT, PUNE 6. / GUARD FILE / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NOS.1669 & 1670/PUN/2019 VIJAY GANGADHAR KHAROTE 4 DATE 1. DRAFT DICTATED ON 19-08-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 19-08-2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *