Income-tax Officer, V. M/s. Shri Vishwakalyan Jivraksha Pratishthan, Pune

ITA 2012/PUN/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1869 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 13-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JADHAV
• Assessee Lawyers: S N DOSHI
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . . , ! , # $ BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO.2012/PN/2014 #& & / ASSESSMENT YEAR : 2010-11 ITO, WARD - 10(1), PUNE . / APPELLANT V/S M/S. SHRI VISHWAKALYAN JIVRAKSHA PRATISHTHAN, C/O. SHRI PRAFULLA MEHTA, G-113, PADMAVATI NAGAR HOUSING SOCIETY CO. OPPOSITE SAMBHAJI NAGAR, DHANAKWADI, PUNE 411 043 PAN NO.AAKTS8989C . / RESPONDENT . / CO NO.17/PN/2016 (ARISING OUT OF ITA NO.2012/PN/2014) #& & / ASSESSMENT YEAR : 2010-11 M/S. SHRI VISHWAKALYAN JIVRAKSHA PRATISHTHAN, C/O. SHRI PRAFULLA MEHTA, G-113, PADMAVATI NAGAR HOUSING SOCIETY CO. OPPOSITE SAMBHAJI NAGAR, DHANAKWADI, PUNE 411 043 PAN NO.AAKTS8989C CROSS OBJECTOR V/S ITO, WARD - 10(1), PUNE APPELLANT IN THE APPEAL / ASSESSEE BY : SHRI S.N. DOSHI / REVENUE BY : SHRI S.K. JADHAV / DATE OF HEARING :23.05.2016 / DATE OF PRONOUNCEMENT:23.05.2016 2 ITA NO.2012/PN/2014 & CO NO.17/PN/2016 / ORDER PER R.K.PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 20-08-2014 OF THE CIT(A)-V, PUNE RELATING TO ASSESSMENT YEAR 2010-11. THE ASSESSEE HAS FILED THE CR OSS OBJECTION AGAINST THE APPEAL FILED BY THE REVENUE. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET FILED A CHART AND SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS ONLY RS.7,97,869/-. THEREFORE, THE SAME BE ING BELOW RS.10 LAKHS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED IN VIEW OF THE LATEST CBDT CIRCULAR NO.21/2015 DATED 10-12-2015. HE SUBMITTED THAT ONCE THE APPEAL FILED BY THE REVENUE IS DISMISSED THE CO FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND HAS TO BE DISMISSED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE ON THE OTHER H AND FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.10 LAKHS. THEREFORE , THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 4. AFTER HEARING THE RIVAL CONTENTIONS MADE BY BOTH THE S IDES, WE FIND THE TAX EFFECT IN THE INSTANT APPEAL FILED BY THE REV ENUE IS ADMITTEDLY BELOW RS.10 LAKHS. THEREFORE, IN VIEW OF CIRCULAR NO.21/2015 DATED 10-12-2015 OF CBDT RAISING THE MONETA RY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBU NAL, WHICH ALSO APPLIES TO PENDING APPEALS FILED BY THE REVENUE, T HE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE 3 ITA NO.2012/PN/2014 & CO NO.17/PN/2016 DISMISSED. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE RE VENUE IS DISMISSED. 5. SINCE THE APPEAL FILED BY THE REVENUE IS DISMISSED THE CO FILED BY THE ASSESSEE BECOMES INFRUCTUOUS. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AS WELL A S THE CO FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HE ARING ITSELF, I.E. ON 23-05-2016. SD/- SD/- ( VIKAS AWASTHY ) ( R.K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE ; DATED : 23 RD MAY, 2016. ) *#,! -! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT(A ) - V, PUNE 4. 5. 6. THE CIT-V, PUNE $ ''(, (, / DR, ITAT, B PUNE; - / GUARD FILE. / BY ORDER , // TRUE COPY // // TRUE COPY // // $ ' //TRUE /0 ' ( / SR. PRIVATE SECRETARY (, / ITAT, PUNE