ACIT CENTRAL CIRCLE 2, NASHIK V. SHRI PRAKASH NARAYAN CHAUDHARI, JALGAON

ITA 2055/PUN/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0635 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 19-12-2019
• 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 SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.2055/PUN/2019 निर्धारण वषा / Assessment Year : 2010-11 ACIT, Central Circle-2, Nashik Vs. Shri Prakash Narayan Chaudhari 11, Swed Bindu, Shanti Nagar, Yawal Road, Bhusawal, Jalgaon – 425201 PAN: AAQPC1998P Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the Revenue arises out of the order passed by the CIT(A)-12, Pune on 25-10-2019 in relation to the assessment year 2010-11. 2. There is no appearance from the side of the assessee despite notice. However, it has been fairly admitted by the ld. DR that the tax effect in this appeal is less than Rs.50.00 lakh. Assessee by None Revenue by Shri M.G. Jasnani Date of hearing 31-05-2022 Date of pronouncement 31-05-2022 ITA No.2055/PUN/2019 Shri Prakash Narayan Chaudhari 2 3. The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for 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 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. 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 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 move the Tribunal for taking necessary action. ITA No.2055/PUN/2019 Shri Prakash Narayan Chaudhari 3 5. In view of the foregoing discussion, we dismiss the appeal filed by the Revenue. Order pronounced in the Open Court on 31 st May, 2022. Sd/- Sd/- (SATBEER SINGH GODARA) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pune; ददिधांक Dated : 31 st May, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The CIT(A)-12, Pune 4. 5. The Pr.CIT Central, Nagpur विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune ITA No.2055/PUN/2019 Shri Prakash Narayan Chaudhari 4 Date 1. Draft dictated on 31-05-2022 Sr.PS 2. Draft placed before author 31-05-2022 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.