Assistant Commissioner of Income-tax, Exemption Circle , Aurangabad V. M/s. Indian Poultry Equipments Manufacturers Association, Nashik

ITA 1921/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1383 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 10-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER . / ITA NO.1921/PUN/2017 / ASSESSMENT YEAR : 2014-15 ACIT, EXEMPTION CIRCLE, AURANGABAD VS. M/S. INDIAN POULTRY EQUIPMENTS MANUFACTURERS ASSOCIATION, E-36, D ROAD, MIDC, NASHIK PAN : AABCI7513G (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER D ATED 02.05.2017 PASSED BY THE COMMISSIONER OF INCOME-TAX (AP PEALS)-3, NASHIK IN RELATION TO THE ASSESSMENT YEAR 2014-15. IT HAS B EEN FAIRLY ADMITTED BY THE LD. DR THAT THE TAX EFFECT IN THIS APPEAL IS LESS TH AN RS.50.00 LAKH 2. RECENTLY, THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATED 08-08-2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF APPELLANT BY SHRI SUDHENDU DAS RESPONDENT BY MRS. DEEPA KHARE DATE OF HEARING 09-09-2019 DATE OF PRONOUNCEMENT 11-09-2019 ITA NO.1921/PUN/2017 M/S. INDIAN POULTRY EQUIPMENTS MANUFACTURERS ASSOCIATION 2 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 REVENUE BE FORE THE TRIBUNAL AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANC ED 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 ENTERTAIN THIS APPEAL. 3. AT THIS JUNCTURE, IT IS PERTINENT TO NOTE THAT THE CBDT VID E 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 F URTHER BEEN DIRECTED TO THE COMPETENT AUTHORITIES TO WITHDRAW ALL SUCH APPEALS ON OR BEFORE 31-10-2019. 4. IN VIEW OF THE FOREGOING DISCUSSION, WE DISMISS THE APPEAL FILED BY THE REVENUE. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH SEPTEMBER, 2019. SD/- SD/- (S.S. VISWANETHRA RAVI) (R.S.SY AL) JUDICIAL MEMBER VICE P RESIDENT PUNE; DATED : 11 TH SEPTEMBER, 2019 ITA NO.1921/PUN/2017 M/S. INDIAN POULTRY EQUIPMENTS MANUFACTURERS ASSOCIATION 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-3, NASHIK 4. 5. 6. THE CIT (EXEMPTION), PUNE , , B / DR B, ITAT, PUNE; / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 09-09-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 09-09-2019 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. *