Deputy Commissioner of Income-tax, Circle - 5, Pune V. Surana Mutha Bhansali Developers, Pune

ITA 2589/PUN/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3020 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 17-06-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 10-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VITTHAL BHOSALE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI S. S. VISWANETHRA RAVI, JM . / ITA NO.2589/PUN/2017 / ASSESSMENT YEAR : 2013-14 THE DY.COMMISSIONER OF INCOME TAX, CIRCLE 5, PUNE. . / APPELLANT V/S SURANA MUTHA BHANSALI DEVELOPERS, 236, PATIL PLAZA, NR. SARAS BAUG, PUNE 411009, PAN ABGFS1894K. . / RESPONDENT ASSESSEE BY : SHRI VARDHAMAN JAIN. REVENUE BY : SHRI VITTHAL BHOSALE. / DATE OF HEARING : 17.06.2021 / DATE OF PRONOUNCEMENT : 17.06.2021 / ORDER PER S. S. VISWANETHRA RAVI, JM: THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST TH E ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) 4, PUNE DATED 19.05 .2017 FOR THE ASSESSMENT YEAR 2013-14. 2. BEFORE US, AT THE OUTSET, LD.A.R. SUBMITTED THAT THE APP EAL OF THE REVENUE IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF CIRCULAR NO.17/2019 DATED 08.08.2019 ISSUED BY CBDT AND THEREFORE , THE APPEAL OF THE REVENUE BE DISMISSED. 3. LD.D.R. DID NOT OBJECT TO THE AFORESAID CONTENTION MADE BY THE LD.A.R. BUT HOWEVER SUPPORTED THE ORDER OF LOWER AUTHORITIES. 2 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. ON PERUSING THE GROUNDS OF APPEAL RAISED BY THE REVENUE, WE FIND THAT REVENUE IS AGGRIEVED BY THE ORDER OF LD. CIT(A) IN RE SPECT OF THE RELIEF GIVEN BY HIM. AS PER THE RECENT ANNOUNCEMENT OF CENTRAL BOAR D OF DIRECT TAXES (CBDT) DATED 08.08.2019 (CIRCULAR NO. 17 OF 2019), NO DEPARTME NT APPEALS ARE TO BE FILED AGAINST RELIEF GIVEN BY LD.CIT(A) BEFORE THE INCOM E TAX APPELLATE TRIBUNAL UNLESS THE TAX EFFECT, EXCLUDING INTEREST, EXCEEDS R S.50 LAKHS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RETROSPE CTIVELY TO THE PENDING APPEALS ALSO. WE FIND THAT IN THE PRESENT CASE THE TAX EFFE CT INVOLVED IS LESS THAN RS.50 LAKHS. IN THE ABSENCE OF ANY MATERIAL PLACED ON RECORD BY THE REVENUE TO DEMONSTRATE THAT THE ISSUE IN THE PRESENT APPEAL IS COVERED BY EXCEPTIONS PROVIDED IN THE AFORESAID CBDT CIRCULAR, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORES AID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DEPARTME NT. WE THEREFORE HOLD THE PRESENT APPEAL OF REVENUE TO BE NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT AND ACCORDINGLY DISMISS THE APPEAL OF REVENUE W ITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CASE. HOWEVER, IN CASE THERE IS ANY ERROR IN THE COMPUTATION OF THE TAX EFFECT INVOLVED OR IF FOR ANY REASON, THE AFORESAID CBDT CIRCULAR IS NOT APPLICABLE, IT WOULD BE OPEN TO THE REVENUE TO SEEK REVIV AL OF THE APPEAL. THUS, THE GROUNDS OF THE REVENUE ARE DISMISSED. 5. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 17 TH DAY OF JUNE, 2021. SD/- SD/- (INTURI RAMA RAO) (S. S. V ISWANETHRA RAVI) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 17 TH JUNE, 2021. YAMINI 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-4, PUNE. 4. THE PR.CIT-3, PUNE. 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.