Deputy Commissioner of Income-tax, V. Bosch Chassis Systems India Ltd., Pune

ITA 2266/PUN/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 7760 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-08-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 19-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 2266 /P U N/201 4 / ASSESSMENT YEAR : 20 0 7 - 08 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1 (1), PUNE ....... / APPELLANT / V/S. BOSCH CHASSIS SYSTEMS INDIA LTD., PANCHSHIL QUADRA 1, OPP. MAGARPATTA CITY, 238/239, HADAPSAR, PUNE 411028 PAN : AAACK7312E / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : SHRI AJAY MODI / DATE OF HEARING : 08 - 08 - 2017 / DATE OF PRONOUNCEMENT : 08 - 08 - 2017 / ORDER PER VIKAS AWASTHY, JM : TH E APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - I , PUNE DATED 30 - 05 - 2014 FOR THE ASSESSMENT YEAR 200 7 - 08 . 2. NO TICE OF APPEAL WAS ISSUED TO THE ASSESSEE ON 16 - 02 - 2017 THROUGH RPAD. THE SAME HAS NOT BEEN RECEIVED BACK UN - SERVED. THE REVENUE IN APPEAL HAS ASSAILED THE FINDINGS OF COMMISSIONER OF INCOME TAX (APPEALS) 2 ITA NO . 2266/PUN/2014, A.Y. 2007 - 08 IN DELETING RS.23,33,620/ - AS DEEMED FRINGE BENEF ITS U/S. 115WB(2)(E) O F THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) . APPARENTLY, THE TAX EFFECT IN THE APPEAL BY THE REVENUE IS LESS THAN RS.10 LAKHS. 3. SHRI AJAY MODI REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT IN PRESENT APPEA L BY THE DEPARTMENT TAX EFFECT IS LESS THAN ` 10 LAKHS. 4. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) IN DELETING RS.23,33,620/ - (BEING 20% OF MEDICAL REIMBURSEMENT TO EMPLOYEES AMOUNTING TO RS.1,16, 68,102/ - ) AS DEEMED FRINGE BENEFITS U/S. 115WB(2)(E) OF THE ACT. THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY CBDT FOR FILING OF APPEAL S BY THE DEPARTMENT BEFORE THE TRIBUNAL. THE CBDT VIDE CIRCULAR NO. 21/2015, DATED 10 - 12 - 2015 HAS RAISED THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO ` 10 LAKHS. THE CIRCULAR APPLIES TO THE APPEALS TO BE FILED BY THE DEPARTMENT IN FUTURE , AS WELL AS THE APPEALS PENDING BEFORE THE TRIBUNAL. THUS, IN VIEW OF THE CBDT CIRCULAR THE PRESENT APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON TUESDAY, THE 08 TH DAY OF AUGUST, 2017. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 08 TH AUGUST, 2017 RK 3 ITA NO . 2266/PUN/2014, A.Y. 2007 - 08 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - I , PUNE 4. / THE CIT - I , PUNE 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE