Income-tax Officer, Ward - 9(1), Pune V. M/s.Genie Auto Products Private Limited, Pune

ITA 2729/PUN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5300 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 10 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 21-11-2017
• 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.2729/PUN/2017 / ASSESSMENT YEAR : 2013-14 ITO, WARD-9(1), PUNE VS. M/S. GENIE AUTO PRODUCTS PVT. LTD., MIDC BHOSARI, PUNE 411 026 PAN : AAACG6702E APPELLANT RESPONDENT / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A)-6, PUNE ON 11-08-2017 IN RELATION TO THE ASSESSMENT YEAR 2013-14. 2. AT THE OUTSET, IT HAS BEEN FAIRLY ADMITTED BY THE LD. DR THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50.00 LAKH. 3. RECENTLY, THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DA TED 08-08-2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT IN INCOME-TAX CASES BEFORE VAR IOUS APPELLATE FORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11 -07- ASSESSEE BY SHRI SARVESH KHANDELWAL REVENUE BY SHRI ACHAL SHARMA DATE OF HEARING 09-10-2020 DATE OF PRONOUNCEMENT 09-10-2020 ITA NO.2729/PUN/2017 M/S. GENIE AUTO PRODUCTS PVT. LTD., 2 2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BY THE REVENU E BEFORE THE TRIBUNAL AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BE EN ENHANCED IN THE RECENT CIRCULAR 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 LAKH, WE ARE NOT INCLINE D 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.17/2019 ARE APPLICABLE TO ALL PENDING APPEALS. NOT ONLY THAT, IT HAS FURTHER BEEN DIRECTED TO THE COMPETENT AUTHORITIES TO WITHDRAW ALL SUCH APPEALS ON OR BEFORE 31-10-2019. HOW EVER, IT IS MADE CLEAR THAT IF THE TAX EFFECT IN THIS PARTICULAR APPEAL IS FOUND OUT TO BE MORE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH OR THE CASE IS COVERED BY AN EXCEPTION, I T WILL BE OPEN TO THE REVENUE TO MOVE THE TRIBUNAL FOR TAKING NECESS ARY ACTION. 5. IN VIEW OF THE FOREGOING DISCUSSION, WE DISMISS THE APPEAL FILED BY THE REVENUE. ITA NO.2729/PUN/2017 M/S. GENIE AUTO PRODUCTS PVT. LTD., 3 6. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH OCTOBER, 2020. SD/- SD/- (S.S. VISWANETHRA RAVI) (R.S.SYAL ) JUDICIAL MEMBER VICE PR ESIDENT PUNE; DATED : 09 TH OCTOBER, 2020 SATISH / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-6, PUNE 4. 5. THE PR.CIT-5, PUNE , , / DR B, ITAT, PUNE 6. / GUARD FILE / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 09-10-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 09-10-2020 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. *