Assistant Commissioner of Income-tax, Circle , Dhule V. Panzharakan Sahakari Sakhar Karkhana Ltd, Dhule

ITA 2475/PUN/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4853 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-02-2021
• Assessment Year: 1996-1997
• Appeal Filed On: 25-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI WASEEM AHMED, AM AND SHRI S. S. VISWANETHRA RAVI, JM . / ITA NO.2475/PUN/2017 / ASSESSMENT YEAR : 1996-97 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE, DHULE 424001. ....... / APPELLANT / V/S. PANZHARAKAN SAHAKARI SAKHAR KARKHANA LIMITED, AT POST : BHADNE, TALUKA : SAKRI, DIST. DHULE 424304. GI.R.NO.40-003-AT-1662. / RESPONDENT ASSESSEE BY : NONE. REVENUE BY : SHRI SUDHENDU DAS. / DATE OF HEARING : 10.02.2021 / DATE OF PRONOUNCEMENT : 10.02.2021 / ORDER PER WASEEM AHMED, A.M : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST TH E ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) 6, PUNE DATED 30.06 .2017 FOR THE ASSESSMENT YEAR 1996-97. 2. WHEN THE APPEAL IS CALLED, NONE APPEARED ON BEHALF OF TH E ASSESSEE DESPITE SERVICE OF NOTICE. 3. IT IS STATED BEFORE BY THE LEARNED DEPARTMENTAL REPR ESENTATIVE THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.50 LAKHS A ND THEREFORE, THE CIRCULAR NO.17/2019 DATED 08.08.2019 ISSUED BY THE CENTR AL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC.268 A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPE AL BY THE 2 REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL S APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS .50 LAKHS, APPEALS SHOULD NOT BE FILED. 4. HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE. UNDIS PUTEDLY, THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR NO.17/2019 [F NO.279/MISE.142/2007-I TJ (PT)] DATED 08-08-2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07 .2018 FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08.08.2019 (SUPRA.) HAS AMENDED PARA 3 OF CIRCULAR NO.3 OF 20 18 DATED 11.07.2018 THEREBY ENHANCING MONETARY LIMIT OF TAX EFFECT FRO M RS.20 LAKHS TO RS.50 LAKHS FOR FILING APPEALS BY THE DEPARTMENT BEFORE TH E TRIBUNAL. THUS, WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE APPEA L, IN VIEW OF THE CBDT CIRCULAR (SUPRA), WE DISMISS THE APPEAL FILED BY THE REVENUE. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE R EQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PR ESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2018 AND ITS AMENDMENT DATED 20-08-20 18. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 10 TH DAY OF FEBRUARY, 2021. SD/- SD/- /- (S. S. VISWANETHRA RAVI) (WASEEM AHMED) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 10 TH FEBRUARY, 2021. YAMINI 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-6, PUNE. 4. THE PR.CIT-5, PUNE. 5. , , , / DR, ITAT, A BENCH, PUNE. 6. ! / GUARD FILE. / BY ORDER, // TRUE COPY // // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.