Assistant Commissioner of Income-tax, V. Multania Roller Flour Mill Pvt. Ltd., Solapur

ITA 2307/PUN/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0457 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 31-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMOL KAMAT
• Assessee Lawyers: ADITYA MUNDADA
• Keywords: Depreciation; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE . . , , , BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 2307 /PN/201 4 / ASSESSMENT YEAR : 20 0 8 - 09 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1 (2) , PUNE CENTRAL CIRCLE 1 (2) , PUNE ....... / APPELLANT / V/S. M/S. MULTANIA ROLLER FLOUR MILL PVT. LTD., 284/1 - A, MAJREWADI, HOTGI ROAD, SOLAPUR. PAN : AA BCM2368M / RESPONDENT ASSESSEE BY : SHRI ADITYA MUNDADA REVENUE BY : SHRI AMOL KAMAT (CIT) / DATE OF HEARING : 1 7 - 1 1 - 2016 / DATE OF PRONOUNCEMENT : 1 7 - 1 1 - 2016 / ORDER / ORDER PER VIKAS AWASTHY, JM : TH E APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - CENTRAL , PUNE DATED 08 - 1 0 - 2014 FOR THE ASSESSMENT YEAR 200 8 - 09 . 2 ITA NO . 2307 /PN/2014, A.Y. 200 8 - 09 2. SHRI ADITYA MUNDADA APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED AT THE OUTSET THAT THE APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF CBDT CIRCULAR NO. 21/2015, DATED 10 - 12 - 2015 . THE LD. AR FURNISHED THE COPY OF DEMAND NOTICE DATED 21.12.201 2 ISSUED U/S. 156 OF THE INCOME TAX ACT, 1961 TO SHOW THAT THE DEMAND IN ASSESSMENT YEAR UNDER APPEAL IS SHOW THAT THE DEMAND IN ASSESSMENT YEAR UNDER APPEAL IS RS. 8,64,530/ - ONLY. 3. SHRI AMOL KAMAT (CIT) REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EFFECT IS LES S THAN ` 10 LAKHS. 4. BOTH SIDES HEARD. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) IN ALLOWING ADDITIONAL CLAIM OF DEPRECIATION TO THE ASSESSEE . ADMITTEDLY, THE TAX EFFECT INVOLVED IN APPEAL IS ` 8,64,530/ - , WHICH IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY CBDT FOR FILING OF APPEAL BEFORE TRIBUNAL. THE CBDT VIDE CIRCULAR NO. 21/2015, DATED 10 - 12 - 2015 HAS RAISED THE MONETARY LIMIT OF TAX 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 3 ITA NO . 2307 /PN/2014, A.Y. 200 8 - 09 VIEW OF THE CBDT CIRCULAR THE PRESENT APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 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 T HURS DAY, THE 1 7 TH DAY OF NOVEM BE R, 2016. SD/ - SD/ - ( . . / R.K. PANDA) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 17 TH NOVEM BER, 2016 GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CENTRAL , PUNE 4. / THE CIT - CENTRAL , PUNE 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. / / // T RUE COPY// / BY ORDER, / BY ORDER, / SR. PRIVATE SECRETARY , / ITAT, PUNE