Deputy Commissioner of Income-tax, Circle - 7, Pune V. M/s. Tata Ficosa Automotive Systems Ltd, Pune

ITA 2076/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0632 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 01-09-2017
• 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 NOS.2075 & 2076/PUN/2017 / ASSESSMENT YEARS : 2013-14 & 2012-13 DCIT, CIRCLE-7, PUNE VS. M/S. TATA FICOSA AUTOMOTIVE SYSTEMS LTD., S.NO.235/245, HINJEWADI, PUNE 411 057 PAN : AAACT5755A (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINST THE O RDERS DATED 12.05.2017 PASSED BY THE COMMISSIONER OF INCOME-TA X (APPEALS)-5, PUNE IN RELATION TO THE ASSESSMENT YEARS 2013-1 4 & 2012-13. IT HAS BEEN FAIRLY ADMITTED BY THE LD. DR THAT TH E TAX EFFECT IN THESE APPEALS IS LESS THAN RS.50.00 LAKH EACH. 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 ABHISHEK MESHRAN RESPONDENT BY SHRI SANKET BAKSHI & SHRI ABHISHEK KULKARNI DATE OF HEARING 16-09-2019 DATE OF PRONOUNCEMENT 17-09-2019 ITA NOS.2075 & 2076/PUN/2017 M/S. TATA FICOSA AUTOMOTIVE SYSTEMS LTD., 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 APPEALS IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAKH, WE ARE NOT INCLINED TO ENTERTAIN THESE APPEALS . 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 A PPEALS FILED BY THE REVENUE. 5. IN THE RESULT, BOTH THE APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH SEPTEMBER, 2019. SD/- SD/- (S.S. VISWANETHRA RAVI) (R.S.SY AL) JUDICIAL MEMBER VICE P RESIDENT PUNE; DATED : 17 TH SEPTEMBER, 2019 ITA NOS.2075 & 2076/PUN/2017 M/S. TATA FICOSA AUTOMOTIVE SYSTEMS LTD., 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-5, PUNE 4. 5. 6. THE PR. CIT-4, PUNE , , B / DR B, ITAT, PUNE; / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 16-09-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 16-09-2019 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. *