Assistant Commissioner of Income tax, V. Milind Bhalchandra Gatne, Nashik

ITA 211/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8286 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-07-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 27-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS SHABANA PARVEEN
• Keywords: Tax effect
• Section: 54F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 211 /PUN/201 7 / ASSESSMENT YEAR : 20 1 3 - 14 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, NASHIK ....... / APPELLANT / V/S. SHRI MILIND BHALCHANDRA GATNE, 1043B, VEER SAWARKAR PATH, CHANDWADKAR LANE, NASHIK 422001 PAN : BEAPG9757D / RESPONDENT ASSESSEE BY : SHRI SANKET JOSHI REVENUE BY : MRS. SHABANA PARVEEN / DATE OF HEARING : 18 - 07 - 2019 / DATE OF PRONOUNCEMENT : 1 8 - 0 7 - 2019 / ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 1, NASHIK DATED 23 - 11 - 2016 FOR THE ASSESSMENT YEAR 2013 - 14. 2. SHRI SANKET JOSHI APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED AT THE OUTSET THAT THE APPE AL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF CBDT CIRCULAR NO. 3/2018, DATED 11 - 07 - 2018. THE LD. AR SUBMITTED THAT THE TAX EFFECT IN THE APPEAL IS APPROX. RS.15 LAKHS. 2 ITA NO . 211/PUN/2017, A.Y. 2013 - 14 3. MRS. SHABANA PARVEEN REPRESENTING THE DEP ARTMENT FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EFFECT IS LESS THAN RS.20 LAKHS. 4. BOTH SIDES HEARD. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEAL) IN DELETING THE ADDITION ON ACCOUNT OF DEDUCT ION CLAIMED U/S. 54F OF THE ACT. BOTH SIDES AGREE THAT THE TAX EFFECT INVOLVED IN APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE CBDT CIRCULAR FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR NO. 3/2018, DATED 11 - 07 - 2018 HAS RAISED THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO RS.20 LAKHS. THE CIRCULAR APPLIES TO THE APPEALS TO BE FILED BY THE DEPARTMENT IN FUTURE AS WELL AS THE APPEALS PENDING BEFORE THE TRIBUNA L. WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE APPEAL, THE PRESENT APPEAL OF THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA). 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY, THE 18 TH DAY OF JULY, 2019. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 1 8 TH JU LY, 2019 RK 3 ITA NO . 211/PUN/2017, A.Y. 2013 - 14 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 1, NASHIK 4. THE PR. COMMISSIONER OF INCOME TAX - 1, NASHIK 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE