Deputy Commissioner of Income-tax, Circle - 5, Pune V. Renishaw Metrology Systems Ltd, Pune

ITA 1728/PUN/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3648 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 13-10-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 14-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IS DIRECTED AGAINS T PASSED
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, C PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER . / ITA NO.1728/PUN/2017 / ASSESSMENT YEAR : 2012-13 DCIT, CIRCLE-5, PUNE VS. RENISHAW METROLOGY SYSTEMS LTD., S.NO.283-284, HISSA NO.2, RAISONI ESTATE, VILLAGE MANN, TAL. MULSHI, PUNE 411 057 PAN : AABCR6361F APPELLANT RESPONDENT / ORDER PER R.S. SYAL, VP : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PAS SED BY THE LD. CIT(A)-13, PUNE ON 17-03-2017 IN RELATION TO THE ASSESSMENT YEAR 2012-13. 2. AT THE OUTSET, THE LD. DR SUBMITTED THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.50.00 LAKH. 3. THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATED 08-0 8-2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT IN INCOME-TAX CASES BEFORE VARIOUS APPELLATE FO RUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11-07-2018 FIXED MON ETARY ASSESSEE BY SHRI AJIT KUMAR JAIN REVENUE BY SHRI A.M. MAHADEVAN KRISHNAN DATE OF HEARING 13-10-2021 DATE OF PRONOUNCEMENT 13-10-2021 ITA NO.1728/PUN/2017 RENISHAW METROLOGY SYSTEMS LIMITED 2 LIMIT FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNA L AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANCED IN THE C IRCULAR DATED 08-08-2019 TO RS.50.00 LAKH. SINCE TAX EFFECT IN THE IN STANT APPEAL IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAK H, WE ARE NOT INCLINED TO ENTERTAIN THIS APPEAL. 4. AT THIS JUNCTURE, IT IS PERTINENT TO NOTE THAT THE CBDT VIDE F.NO.279/MISC/M-13/2018-ITJ DATED 20-08-2019 HAS CLARIFIED THAT THE REVISED MONETARY LIMITS SO MENTIONED IN CIRCULAR NO.17/2019 ARE APPLICABLE TO ALL PENDING APPEALS. IN VIEW OF THE FOREGOIN G DISCUSSION, WE DISMISS THE APPEAL FILED BY THE REVENUE. HOW EVER, IT IS MADE CLEAR THAT IF THE TAX EFFECT IN THIS PARTICULAR APPEAL IS MORE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH OR THE C ASE IS COVERED BY AN EXCEPTION, IT WILL BE OPEN TO THE REVENUE TO MO VE THE TRIBUNAL FOR TAKING NECESSARY ACTION. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH OCTOBER, 2021. SD/- SD/- ( PARTHA SARATHI CHAUDHURY ) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 13 TH OCTOBER, 2021 ITA NO.1728/PUN/2017 RENISHAW METROLOGY SYSTEMS LIMITED 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE CIT(A)-13, PUNE 3. THE PCIT-5, PUNE 4. 5. DR, ITAT, C BENCH, PUNE / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 13-10-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 13-10-2021 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.