Deputy Commissioner of Income tax,(Exemption), Circle, Pune V. Om Shri Laxminarayan Balmukund S.K. Pant Walawalkar Kapad Dukan Trust, Kolhapur

ITA 1898/PUN/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4002 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 07-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRI
• Keywords: Tax effect

Judgement Text

] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI D. KARUNAKARA RAO, AM SHRI S.S. VISWANETHRA RAVI, JM . / ITA NOS.1898 TO 1902/PUN/2017 / ASSESSMENT YEARS : 2009-10 TO 2013-14 THE DY.COMMISSIONER OF INCOME - TAX, (EXEMPTION) CIRCLE, PUNE. . / APPELLANT V/S OM SHRI LAXMINARAYAN BALMUKUND S.K. PANT WALWALKAR KAPAD DUKAN TRUST, 1957, C, LAXMIPURI, KOLHAPUR. PAN : AAAAO0095L. . / RESPONDENT ASSESSEE BY : SHRI NIKHIL PATHAK. REVENUE BY : SHRI PANKAJ GARG. / ORDER PER BENCH : ALL THESE FIVE APPEALS ARE FILED BY THE REVENUE AGAINST A CO MMON ORDER DATED 17.05.2017 PASSED BY THE COMMISSIONER OF INC OME TAX (APPEALS) 2 KOLHAPUR FOR THE ASSESSMENT YEARS 2009-10 TO 2013 -14. 2. BEFORE US, AT THE OUTSET, SHRI NIKHIL PATHAK, LD.A.R. OF THE ASSESSEE SUBMITTED THAT THE APPEALS OF THE REVENUE ARE LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF LATEST CBDT CIRCULAR N O.17/2019 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 08 TH AUGUST, 2019 READ WITH / DATE OF HEARING : 0 7 . 1 1 .2019 / DATE OF PRONOUNCEMENT : 08 .11.2019 2 CIRCULAR NO.3 OF 2018 DATED 11.07.2018. THE LD.A.R. SUBMITTED THAT THE REVENUE IN APPEALS RAISED GROUNDS ASSAILING THE FINDINGS OF CIT(A) IN DELETING THE ADDITIONS. THUS, THE TAX EFFECT ON THE SAID AD DITIONS IS LESS THAN RS.50 LAKHS. SHRI PANKAJ GARG, THE LD. D.R. FOR THE R EVENUE FAIRLY ADMITTED THAT IN THE PRESENT APPEALS FILED BY THE REVENU E THE TAX EFFECT IS LESS THAN RS.50 LAKHS. 3. HEARD AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE REVENUE IS IN APPEALS AGAINST THE ORDER OF CIT(A) IN DELET ING THE ADDITIONS. UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN APPEALS IS LESS THA N THE MONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR NO.17/2019 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 08 TH AUGUST, 2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018 FOR FILING OF APPEALS BEFO RE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08-08-2019 (SUPRA) HAS AMENDED PARA 3 OF CIRCULAR NO.3 OF 2018 DATED 11-07-2018 THEREBY ENHANCING MONETARY LIMIT OF TAX EFFECT FROM RS.20 LA KHS TO RS.50 LAKHS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TR IBUNAL. THUS, WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE APPEAL S, IN VIEW OF THE CBDT CIRCULAR (SUPRA) ALL THE APPEALS OF THE REVENUE ARE D ISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL B E AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEALS, WITH THE REQUIS ITE MATERIAL TO SHOW THAT THE APPEALS ARE PROTECTED BY THE EXCE PTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2018 AND ITS AMEND MENT DATED 20-08-2018. 3 5. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON 8 TH DAY OF NOVEMBER, 2019. SD/- SD/- ( D. KARNUKARA RAO) (S.S. VISWA NETHRA RAVI) ACCOUNTANT MEMBER JU DICIAL MEMBER PUNE; DATED : 8 TH NOVEMBER, 2019. YAMINI # $%&' (' % / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. 4. 5. 6. CIT(A)-2, KOLHAPUR. CIT(EXEMPTION), PUNE. '#$ %%&',) &', / DR, ITAT, B PUNE; $,-./ GUARD FILE. / BY ORDER , // / TRUE COPY / / // TRUE COPY // /01%2&3 / SR. PRIVATE SECRETARY ) &', / ITAT, PUNE.