ACIT, Circle-1, Solapur V. Shree Pandurang SSK Ltd., Solapur

ITA 260/PUN/2013

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1525 (ITAT-PUNE)
• Duration Of Justice: 6 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 28-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S B PRASAD
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO. 260 /P U N/201 3 / ASSESSMENT YEAR : 20 09 - 10 THE ASST . COMMISSIONER OF INCOME TAX, CIRCLE - 1 , SOLAPUR . / APPELLANT VS. SHREE PANDURANG SAHAKARI SAKHAR KARKHANA LIMITED, A/P SHREEPUR, TAL PANDHARPUR , DIST. S OLAPUR . / RESPONDENT PAN: A A A TS5264J / APPELLANT BY : SHRI S.B. PRASAD, CIT / RESPONDENT BY : NONE / DATE OF HEARING : 19 . 0 3 .201 9 / DATE OF PRONOUNCE MENT: 19 . 0 3 .201 9 / ORDER PER SUSHMA CHOWLA, J M : THE APPEAL FILED BY REVENUE IS AGAINST ORDER OF CIT (A) - III , PUNE , DATED 31 . 08 .201 2 RELATING TO ASSESSMENT YEAR 20 09 - 10 AGAINST ORDER PASSED UNDER SECTION 143(3) OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . ITA NO. 2 60 /P U N/20 1 3 SHR EE PANDURANG SAH. SAKHAR KARKHANA LTD. 2 2. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHALF OF ASSESSEE NOR ANY APPLICATION WAS MOVED FOR ADJOURNMENT. HOWEVER, SINCE THE ISSUE INVOLVED IS BELOW TAX EFFECT, WE PROCEED TO DECIDE THE APPEAL AFTER HEARING THE LEARNED DEPARTMENTAL REP RESENTATIVE FOR THE REVENUE. 3. THE CBDT VIDE CIRCULAR NO.3/2018 , DATED 11 . 07 . 2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF 20.00 LA KHS SPECIFIED IN THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA). 4 . IN THIS BACKGROUND, THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE WAS REQUIRED TO STATE H IS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED APPEAL IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR (SUPRA). 5 . WITHOUT GOING INTO THE MERIT S OF THE ISSUES RAISED IN THE CAPTIONED APPEAL, THIS APPEAL IS DEEMED TO BE WITHDR AWN/NOT PRESSED AS ITS FILING IS IN CONTRAVENTION OF THE CBDT CIRCULAR DATED 11 . 07 . 2018 (SUPRA). BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE - INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA). ITA NO. 2 60 /P U N/20 1 3 SHR EE PANDURANG SAH. SAKHAR KARKHANA LTD. 3 6 . IN CONCLUSION, BY APPLYING THE CBDT C IRCULAR DATED 11 . 07 . 2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 7 . IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THIS 19 TH DAY OF MARCH , 201 9 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 19 TH MARCH , 201 9 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - III , PUNE ; 4. THE CIT - IV , PUNE ; 5. 6. , , / DR A , ITAT, PUNE ; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE