Assistant Commissioner of Income-tax, Ratnagiri Circle , Ratnagiri V. Rajan Vasant Dali, Ratnagiri

ITA 2718/PUN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3618 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 11 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-11-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 20-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARISES OUT OF PASSED
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO. 2718/PUN/2017 / ASSESSMENT YEAR : 2013-14 ACIT, RATNAGIRI CIRCLE, RATNAGIRI VS. RAJAN VASANT DALI, A/P. DHOPAVE, TAL. GUHAGAR, RATNAGIRI DISTRICT PAN : ABEPD7591C APPELLANT RESPONDENT / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-2, KOLHAPUR ON 01-09-2017 IN RELATION TO THE ASSESSMENT YEAR 2013-14. 2. AT THE OUTSET, THE LD. AR SUBMITTED THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.50.00 LAKH, TO WHICH THE LD. DR FAIRLY CONCEDED. 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 ASSESSEE BY SMT. DEEPA KHARE REVENUE BY SHRI MAHADEVAN A.M. KRISHNAN DATE OF HEARING 11-11-2020 DATE OF PRONOUNCEMENT 11-11-2020 ITA NO.2718/PUN/2017 RAJAN VASANT DALI 2 DEPARTMENT IN INCOME-TAX CASES BEFORE VARIOUS APPELLATE FO RUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11-07-2018 FIXED MO NETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNA L AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANCED IN THE RECENT CIRCULAR DATED 08-08-2019 TO RS.50.00 LAKH. SINCE TAX EFFEC T IN THE INSTANT APPEAL IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50 .00 LAKH, 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. NOT ONLY THAT, IT HAS FUR THER BEEN DIRECTED TO THE COMPETENT AUTHORITIES TO WITHDRAW ALL SUCH APPEALS ON OR BEFORE 31-10-2019. IN VIEW OF THE FOREG OING DISCUSSION, WE DISMISS THE APPEAL FILED BY THE REVENUE. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH NOVEMBER, 2020. SD/- SD/- (S.S. VISWANETHRA RAVI) (R.S.SY AL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 11 TH NOVEMBER, 2020 ITA NO.2718/PUN/2017 RAJAN VASANT DALI 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-2, KOLHAPUR 4. 5. THE PR. CIT-2, KOLHAPUR , , B / DR B, ITAT, PUNE 6. / GUARD FILE / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 11-11-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 11-11-2020 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. *