Income-ta Officer, V. Shri Manoj Murlidhar Chewale, Latur

ITA 2308/PUN/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1655 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 31-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIL CHAWARE
• Assessee Lawyers: PRASANN A L JOSHI
• Keywords: Tax effect

Judgement Text

] IQ.KS ] IQ.KS ] IQ.KS ] IQ.KS IQ.KS IQ.KSIQ.KS IQ.KS IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE , . . , # BEFORE MS. SUSHMA CHOWLA, JM AND SHRI R.K. PANDA, AM . / ITA NO.2308/PN/2014 % % / ASSESSMENT YEAR : 2010-11 ITO, WARD-1, LATUR . / APPELLANT V/S SHRI MANOJ MURLIDHAR CHEVALE, CHEWALE BOREWELL AGENCY, KAVA ROAD, LATUR PAN NO. AGIPC4114B . / RESPONDENT / APPELLANT BY : SHRI ANIL CHAWARE / RESPONDENT BY : SHRI PRASANNA L. JOSHI / ORDER PER R.K.PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 31-10-2014 OF THE CIT(A) AURANGABAD RELATI NG TO ASSESSMENT YEAR 2010-11. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBM ITTED THAT THE TAX EFFECT IN THE GROUNDS RAISED BY THE REVENU E IS BELOW RS.10 LAKHS. THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.21/2015 DATED 10-12-2015 THE APPEAL FILED BY THE REVE NUE IS NOT MAINTAINABLE AND SHOULD BE DISMISSED. / DATE OF HEARING :04.07.2016 / DATE OF PRONOUNCEMENT:04.07.2016 2 ITA NO.2308/PN/2014 3 THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED T HAT THE TAX EFFECT IN THE INSTANT APPEAL FILED BY THE REVENUE IS ADMITTEDLY BELOW RS.10 LAKHS. 4. AFTER HEARING THE RIVAL CONTENTIONS MADE BY BOTH THE S IDES, WE FIND THE TAX EFFECT IN THE INSTANT APPEAL FILED BY THE REV ENUE IS ADMITTEDLY BELOW RS.10 LAKHS. THEREFORE, IN VIEW OF CIRCULAR NO.21/2015 DATED 10-12-2015 OF CBDT RAISING THE MONETA RY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUN AL, WHICH ALSO APPLIES TO PENDING APPEALS FILED BY THE REVENUE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE RE VENUE IS DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEAR ING ITSELF, I.E. ON 04-07-2016. SD/- SD/- ( SUSHMA CHOWLA ) ( R.K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER IQ.KS PUNE ; DATED : 4 TH JULY , 2016. LRH'K ' (*+ ,+ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. % ( ) - THE CIT(A), AURANGABAD 4. % S / THE CIT, AURANGABAD 5. ( ++, , , , IQ.KS / DR, ITAT, A PUNE; 6. 0 / GUARD FILE. / BY ORDER , // ( + //TRUE COPY // 23 + , / SR. PRIVATE SECRETARY ,, IQ.KS / ITAT, PUNE