Income-tax Officer, Ward - 2 (3), Jalgaon V. M/s. S.P. Chemicals, Jalgaon

ITA 1916/PUN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9495 (ITAT-PUNE)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 16-03-2020
• Assessment Year: 2009-2010
• Appeal Filed On: 04-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AND CROSS OBJECTION
• Assessee Lawyers: ARISE OUT OF
• 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 NO. 1916/PUN/2019 / ASSESSMENT YEAR : 2009-10 ITO, WARD-2(3), JALGAON VS. M/S. S.P. CHEMICALS, GAT NO.84, VIKHRANA ROAD, TAL. ERANDOL, JALGAON PAN : AAMFS4200J APPELLANT RESPONDENT C.O. NO. 02/PUN/2020 (ARISING OUT OF ITA NO.1916/PUN/2019) / ASSESSMENT YEAR : 2009-10 M/S. S.P. CHEMICALS, GAT NO.84, VIKHRANA ROAD, TAL. ERANDOL, JALGAON PAN : AAMFS4200J VS. ITO, WARD-2(3), JALGAON APPELLANT RESPONDENT / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARISE OUT OF THE ORDER PASSED BY THE CIT(A)-2, NASHIK ON 11-09-2019 IN RELATION TO THE ASSESSMENT YEAR 2009-10. ASSESSEE BY NONE REVENUE BY SHRI S.P. WALIMBE DATE OF HEARING 21-08-2020 DATE OF PRONOUNCEMENT 21-08-2020 ITA NO.1916/PUN/2019 AND CO NO.02/PUN/2020 M/S. S.P. CHEMICALS 2 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 THIS APPEAL IS LESS THAN RS.50.00 LAKH. 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 APPEAL IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAKH, WE ARE NOT INCLINED TO ENTER TAIN 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.17/20 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 ITA NO.1916/PUN/2019 AND CO NO.02/PUN/2020 M/S. S.P. CHEMICALS 3 THE TAX EFFECT IN THIS PARTICULAR APPEAL 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 M OVE THE TRIBUNAL FOR TAKING NECESSARY ACTION. 5. IN VIEW OF THE FOREGOING DISCUSSION, WE DISMISS THE APPEAL FILED BY THE REVENUE. 6. SINCE THE APPEAL OF THE REVENUE IS DISMISSED, THE CROSS OBJECTION FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND, THEREFORE, THE SAME IS DISMISSED AS SUCH. 7. IN THE RESULT, THE APPEAL AS WELL AS THE CROSS OBJECTION STA ND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST AUGUST, 2020. SD/- SD/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 21 ST AUGUST, 2020 ITA NO.1916/PUN/2019 AND CO NO.02/PUN/2020 M/S. S.P. CHEMICALS 4 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-2, NASHIK 4. 5. THE PR. CIT-2, NASHIK , , SMC / DR SMC, ITAT, PUNE 6. / GUARD FILE / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 21-08-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 21-08-2020 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. *