Assistant Commissioner of Income-tax, V. Keshranand Ginning & Pressing Factory P. Ltd., Dhule

ITA 2303/PUN/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5285 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 30-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUKESH JHA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E . , , ! ' # , $ % BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AW ASTHY, JM !. / ITA NO. 2303/PUN/2016 $' ( )( / ASSESSMENT YEAR : 2012-13 THE ASSISTANT COMMISSIONER OF INCOME TAX, DHULE CIRCLE, DHULE. ....... / APPELLANT ' / V/S. KESHRANAND GINNING & PRESSING FACTORY PVT. LTD. GAT NO. 526, A/P, BAMANE, DONDAICHA, SHINDKHEDA ROAD, SINDKHEDA , DIST. DHULE. PIN-425 408 PAN : AACCK5632R / RESPONDENT REVENUE BY : SHRI MUKESH JHA ASSESSEE BY : NONE / DATE OF HEARING : 30.07.2018 / DATE OF PRONOUNCEMENT : 30.07.2018 * / ORDER PER VIKAS AWASTHY, JM THE APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE OR DER OF COMMISSIONER OF INCOME TAX (APPEAL)-1, NASHIK DATED 12.07.20 16 FOR THE ASSESSMENT YEAR 2012-13. 2. THE CBDT VIDE CIRCULAR NO.3/2018, DATED 11.07.2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFOR E THE TRIBUNAL 2 ITA NO.2303 /PUN/2016 A.Y.2012-13 WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE C APTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF RS.20 LAKHS SPEC IFIED IN THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA.). 3. IN THIS BACKGROUND, THE LEARNED DEPARTMENT REPRESEN TATIVE FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION. THE LD. DR HAS NOT REFERRED TO ANY MATERIAL TO SHOW THAT THE CAPTIONED APPEAL IS PROTEC TED BY ANY OF EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR (SUPRA.). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUE RAISED IN THE CAPTIONED APPEAL, THIS APPEAL IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN LINE WITH THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA.). 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 ON MONDAY, THE 30 TH DAY OF JULY, 2018. SD/- SD/- ( . / D. KARUNAKARA RAO ) ( ' # /VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; !' / DATED : 30 TH JULY, 2018 SB 3 ITA NO.2303 /PUN/2016 A.Y.2012-13 * + ,$-.' /')- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEAL)-1, NASHIK 4. THE PR. CIT-1, NASHIK. 5. %&' () , * () , +,- , / DR, ITAT, B BENCH, PUNE. 6. './ 01 / GUARD FILE. // TRUE COPY // *2 / BY ORDER, 3 (- / PRIVATE SECRETARY * () , / ITAT, PUNE.