Income-tax Officer, Ward - 8(2), Pune V. Kundan Real Estate, Pune

ITA 241/PUN/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5649 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 25-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF DATED PASSED
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, A PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER . / ITA NO.241/PUN/2018 / ASSESSMENT YEARS : 2009-10 ITO, WARD-8(2), PUNE VS. KUNDAN REAL ESTATE, 206, CHADHA MANSION, MUMBAI PUNE ROAD, KHARALWADI, PIMPRI, PUNE 411 018 PAN : AAGFK59996F APPELLANT RESPONDENT / ORDER THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER DATED 05-10-2017 PASSED BY THE CIT(A)-6, PUNE IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, THE LD. DR SUBMITTED THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.50.00 LAKH. 3. THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATED 08-0 8-2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT IN INCOME-TAX CASES BEFORE VARIOUS APPELLATE F ORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11-07-2018 FIXED MON ETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNA L AT ASSESSEE BY SHRI DIYESH TRIPATHI REVENUE BY SHRI S.P. WALIMBE DATE OF HEARING 04-05-2021 DATE OF PRONOUNCEMENT 04-05-2021 ITA NO.241/PUN/2018 KUNDAN REAL ESTATE 2 RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANCED IN THE C IRCULAR DATED 08-08-2019 TO RS.50.00 LAKH. SINCE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAK H, WE ARE NOT INCLINED TO ENTERTAIN THIS APPEAL. 4. AT THIS JUNCTURE, IT IS PERTINENT TO NOTE THAT THE CBDT VIDE F.NO.279/MISC/M-13/2018-ITJ DATED 20-08-2019 HAS CLARIFIED THAT THE REVISED MONETARY LIMITS SO MENTIONED IN CIRCULAR NO.17/20 19 ARE APPLICABLE TO ALL PENDING APPEALS. IN VIEW OF THE FOREG OING DISCUSSION, WE DISMISS THE APPEAL FILED BY THE REVENUE. HOW EVER, IT IS MADE CLEAR THAT IF THE TAX EFFECT IN THIS PARTICULAR APPEAL IS M ORE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH OR THE CASE IS COVERED BY AN EXCEPTION, IT WILL BE OPEN TO THE REVENUE TO MO VE THE TRIBUNAL FOR TAKING NECESSARY ACTION. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH MAY, 2021. SD/- SD/- ( S.S.VISWANETHRA RAVI ) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 04 TH MAY, 2021 ITA NO.241/PUN/2018 KUNDAN REAL ESTATE 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-6, PUNE 4. 5. 6. THE PCIT-5, PUNE DR, ITAT, A BENCH, PUNE / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 04-05-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 04-05-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER.