ACIT CIRCLE, JALNA V. M/S. SUMAN CONSTRUCTION, PARBHANI

ITA 1889/PUN/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7176 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 02-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARISES OUT OF PASSED
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.1889/PUN/2019 / ASSESSMENT YEAR : 2009-10 ACIT, JALNA CIRCLE, JALNA VS. M/S. SUMAN CONSTRUCTION, C/O. SHRI KISHOR NILKANT POTDAR, SWAPAN KANKSHA, VIDYANAGAR ROAD, PARBHANI 431 401 PAN : AAIFS0286K (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A)-2, AURANGABAD ON 06-09-2019 IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. IT HAS BEEN FAIRLY ADMITTED BY THE LD. DR THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50.00 LAKH. 3. RECENTLY, THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATED 08-08-2019 REVISING UPWARD THE MONETARY LIMITS FOR APPELLANT BY SMT. ELSY MATHEW RESPONDENT BY SHRI J.N. SINGH, ADVOCATE DATE OF HEARING 03-02-2020 DATE OF PRONOUNCEMENT 04-02-2020 ITA NO.1889/PUN/2019 M/S. SUMAN CONSTRUCTION 2 FILING OF APPEALS BY THE DEPARTMENT IN INCOME-TAX CASES BEFORE VARIOUS APPELLATE FORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11-07-2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNAL AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANCED IN THE RECENT CIRCULA R DATED 08-08-2019 TO RS.50.00 LAKH. SINCE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAKH, I AM 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. NOT ONLY THAT, IT HAS FURTHER 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 THIS PARTICULAR APPEAL IS MORE THAN THE PRESCRIBED MONETARY LIMIT O F RS.50.00 LAKH OR THE CASE IS COVERED BY AN EXCEPTION, IT W ILL BE OPEN TO THE REVENUE TO MOVE THE TRIBUNAL FOR TAKING NECE SSARY ACTION. ITA NO.1889/PUN/2019 M/S. SUMAN CONSTRUCTION 3 5. IN VIEW OF THE FOREGOING DISCUSSION, I DISMISS THE A PPEAL FILED BY THE REVENUE. 6. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH FEBRUARY, 2020. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 04 TH FEBRUARY, 2020 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, AURANGABAD 4. THE PR. CIT-2, AURANGABAD 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.1889/PUN/2019 M/S. SUMAN CONSTRUCTION 4 DATE 1. DRAFT DICTATED ON 03-02-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 03-02-2020 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. *