Income-tax Officer, Ward - 2(3), Pune V. Smt. Radhika Balasaheb Nikam, Pune

ITA 1814/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4506 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 27-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHESHANK DEOGADKAR
• Assessee Lawyers: B C MALAKAR ITA NO P U N; ORS PRATIK
• Keywords: Assessment record; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO. 1 810 /P U N/201 7 / ASSESSMENT YEAR : 20 08 - 09 THE INCOME TAX OFFICER, WARD 2(3), PUNE . / APPELLANT VS. SHRI PRATIK ANIL NIKAM, S.NO.68/2, CHANDRAMA BUNGALOW, SANGAMWADI, KHADKI, PUNE 411003 . / RESPONDENT PAN: AERPN4165Q . / ITA NO. 1814 /P U N/201 7 / ASSESSMENT YEAR : 2008 - 09 THE INCOME TAX OFFICER, WARD 2(3), PUNE . / APPELLANT VS. SMT. RADHIKA BALASAHEB NIKAM, S.NO.68/2, CHANDRAMA BUNGALOW, SANGAMWADI, KHADKI, PUNE 411003 . / RESPONDENT PAN: AERPN4159A ITA NO. 1 810 /P U N/20 1 7 & ORS PRATIK A. NIKAM & ORS 2 . / ITA NO. 1841 /P U N/201 7 / ASSESSMENT YEAR : 2008 - 09 THE INCOME TAX OFFICER, WARD 2(3), PUNE . / APPELLANT VS. SHRI B ALASAHEB SADASHIV NIKAM, S.NO.68/2, CHANDRAMA BUNGALOW, SANGAMWADI, KHADKI, PUNE 411003 . / RESPONDENT PAN: ACYPN8839L . / ITA NO. 1852 /P U N/201 7 / ASSESSMENT YEAR : 2008 - 09 THE INCOME TAX OFFICER, WARD 2(3), PUNE . / APPELLANT VS. SMT. SHAMA ANIL NIKAM, S.NO.68/2, CHANDRAMA BUNGALOW, SANGAMWADI, KHADKI, PUNE 411003 . / RESPONDENT PAN: ADTPN8547K / APPELLANT BY : SHRI SHESHANK DEOGADKAR / RESPONDENT BY : SHRI B.C. MALAKAR ITA NO. 1 810 /P U N/20 1 7 & ORS PRATIK A. NIKAM & ORS 3 . / ITA NO. 1868 /P U N/201 7 / ASSESSMENT YEAR : 2011 - 12 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 3, PUNE . / APPELLANT VS. M/S. AMCON CONSTRUCTIONS, OF FICE NO.209/B, 2 ND FLOOR, CITY MALL, UNIVERSITY ROAD, SHIVAJINAGAR, PUNE 411005 . / RESPONDENT PAN: AARFA4175B / APPELLANT BY : SHRI SUDHENDU DAS / RESPONDENT BY : NONE / D ATE OF HEARING : 13 . 0 8 .201 9 / 20.08.2019 / DATE OF PRONOUNCEMENT: 22 . 0 8 .201 9 / ORDER PER SUSHMA CHOWLA, J M : OUT OF T H IS BUNCH OF APPEAL S , FOUR APPEALS FILED BY REVENUE ARE AGAINST CONSOLIDATED ORDER OF CIT (A) - 3 , PUNE , DATED 0 6 .0 3 .2017 RELATING TO ASSESSMENT YEAR 20 08 - 09 AGAINST RESPECTIVE ORDERS PASSED UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . THE REVENUE HAS ALSO FILED AN APPEAL IN THE CASE OF M/S. AMCON CONSTRUCTIONS AGAINST ORDER O F CIT(A) - 3, PUNE, DATED 14.03.2017 RELATING TO ASSESSMENT YEAR 2011 - 12 AGAINST ORDER PASSED UNDER SECTION 143(3) R.W.S. 147 OF THE ACT. 2. THE PRESENT BUNCH OF APPEALS FILED BY REVENUE WERE TAKEN UP FOR HEARING. ON PERUSAL OF RECORD, IT TRANSPIRES THAT T AX EFFECT IN THE PRESENT SET OF APPEALS IS LESS THAN 50 LAKHS. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ITA NO. 1 810 /P U N/20 1 7 & ORS PRATIK A. NIKAM & ORS 4 ASSESSEE POINTED OUT THAT BECAUSE OF REVISION IN THE MONETARY LIMIT IN FILING THE APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, THE PRESENT APP EALS WOULD NOT BE MAINTAINABLE. IN THIS REGARD, HE PLACED RELIANCE ON CBDT CIRCULAR NO.17/2019. 3. DESPITE SERVICE, NONE APPEARED ON BEHALF OF ASSESSEE IN THE CASE OF M/S. AMCON CONSTRUCTIONS. HOWEVER, SINCE THE TAX EFFECT INVOLVED IS LESS THAN MONETA RY LIMITS PRESCRIBED BY CBDT (SUPRA), WE PROCEED TO DECIDE THE SAME ALSO AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE. 4 . THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE FAIRLY CONCEDED THAT TAX EFFECT IN THE PRESENT APPEA LS IS LESS THAN 50 LAKHS. 5 . WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. WE PROCEED TO DECIDE THE APPEALS ON THE SURMISE THAT BECAUSE OF REVISION IN MONETARY LIMITS FOR FILING OF APPEALS BEFORE THE TRIBUNAL I.E. WHERE THE MONETARY LIMIT S HAVE BEEN ENHANCED TO 50 LAKHS IN EACH OF THE APPEALS VIDE CIRCULAR (SUPRA), NO APPEAL IS MAINTAINABLE WHERE THE TAX EFFECT IS LESS THAN 50 LAKHS. WE HAVE PERUSED THE ASSESSMENT RECORDS AND FIND THAT IN ALL THE CASES, TAX EFFECT IS ADMITTEDLY, LESS THAN 50 LAKHS. THE ENHANCEMENT IN THE MONETARY LIMITS IS SQUARELY APPLICABLE NOT ONLY TO THE APPEALS TO BE FILED BUT ALSO APPLIES RETROSPECTIVELY. THE PROPOSITION LAID DOWN BY THE AHMEDABAD BENCH OF TRIBUNAL IN ITO VS. DINESH MADHAVLAL PATEL IN ITA NO. 1398/AHD/2004, RELATING TO ASSESSMENT YEAR 1998 - 99 AND 627 OTHERS, VIDE CONSOLIDATED ORDER DATED 14.08.2019, HELD THAT ENHANCEMENT LIMITS WOULD NOT ONLY APPL Y TO THE APPEALS TO BE FILED IN FUTURE BUT IT IS ALSO EQUALLY APPLICABLE TO THE APPEALS PENDING FOR DISPOSAL AS ON NOW. IT MAY ALSO BE POINTED OUT THAT CBDT HAS FURTHER VIDE ITA NO. 1 810 /P U N/20 1 7 & ORS PRATIK A. NIKAM & ORS 5 LETTER DATED F.NO.279/MIS C /M - 93 /2018 - ITJ (PT) , DATED 20 TH AUGUST, 2019 HAS CLARIFIED THAT THE SAID CIRCULAR WOULD APPLY TO PENDING APPEALS ALSO. 6 . THE HON'BLE SUPREME COURT IN THE CASE OF CIT VS. M/S. HONGKONG AND SHANGHAI BANKING CORPORATION LTD. IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO.25086/2019 , VIDE JUDGMENT DATED 16 .08.2019 HAS ALSO APPLIED THE PROVISIONS OF SAID CIRCULAR TO AN APPEAL PENDING BEFORE IT AND DISMISSED THE SAM E ON ACCOUNT OF LOW TAX EFFECT I.E. LESS THAN REVISED LIMIT OF 2 CRORES. IN VIEW THEREOF, WE HOLD THAT PRESENT APPEALS ARE NOT MAINTAINABLE BECAUSE OF LOW TAX AND THE SAME ARE DISMISSED. 7 . IN THE RESULT, ALL THE APPEALS OF REVENUE ARE DISMISSED. ORDE R PRONOUNCED ON THIS 22 ND DAY OF AUGUST , 201 9 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 22 ND AUGUST , 201 9 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 3 , PUNE ; 4. THE PR . CIT - 2 , PUNE ; 5. 6. , , / DR B , ITAT, PUNE ; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE