Deputy Commissioner of Income tax, Pune V. M/s. Bellflower Properties Pvt.Ltd, Pune

ITA 283/PUN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2577 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 27-11-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 03-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IS DIRECTED AGAINS T PASSED
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH C , PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI , JUDICIAL MEMBER I TA NO. 283 /PUN/201 7 / ASSESSMENT YEAR : 20 11 - 12 DCIT, CIRCLE 1(1), PUNE VS. M/S. KOLTE PATIL DEVELOPERS LTD. (ERSTWHILE M/S. BELLFLOWER PROPERTIES PVT. LTD.) SECOND FLOOR, CITY POINT, DHOLE PATIL ROAD, PUNE 411001 PAN: AADCB1007A APPELLANT RESPONDENT / ORDER PER S.S. VISWANETHRA RAVI , JM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. CIT(APPEALS) - 1 3 , PUNE ON 15 . 11 .201 6 IN RELATION TO THE ASSESSMENT YEAR 20 11 - 12 . THE LD. AR SUBMITTED THAT THE TAX EFFECT IN THIS DEPA RTMENTAL APPEAL IS LESS THAN RS.50.00 LAKH, WHICH WAS NOT CONTROVERTED BY THE REVENUE WITH ANY POSITIVE FIGURE SHOWING TAX EFFECT OF RS.50.00 LAKH OR MORE. 2. RECENTLY, THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATED 08 - 08 - 2019 REVISING UPWARD THE MONE TARY LIMITS FOR FILING OF A SSESSEE BY SHRI NIKHIL PATHAK RE VENUE BY SHRI RAJARSHI DWIVEDY, CIT DATE OF HEARING 2 7 - 1 1 - 2020 DATE OF PRONOUNCEMENT 27 - 1 1 - 2020 ITA NO . 283 / PUN/ 20 1 7 M/S. KOLTE PATIL DEVELOPERS LTD. 2 APPEALS BY THE DEPARTMENT IN INCOME - TAX CASES BEFORE VARIOUS APPELLATE FORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11 - 07 - 2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNAL 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 EFFECT IN THE APPEAL UNDER CONSIDERATION IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAKH, WE ARE NOT INCLINED TO ENTERTAIN SUCH APPEAL. 3. CERTAIN CONCERNS WERE EXPRESSED ABOUT THE RETROSPECTIVE OR PROSPECTIVE OPERATION OF THE CIRCULAR DATED 08 - 08 - 2019. IN THIS REGARD, IT IS RELEVANT TO NOTE THAT THE AHMEDABAD BENCH OF THE TRIBUNAL VIDE ITS ORDER DATED 14 - 08 - 2019 IN A BUNCH OF APPEALS LED BY ITO VS. DINESH MADHAVLAL PATEL (ITA NO.1398/AHD/2004) HAS LAID DOWN THAT THE CBDT CIRCULAR NO.17/2019 HAS RETROSPECTIVE EFFECT AND APPLIES TO ALL THE PENDING APPEALS. 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 BEF ORE 31 - 10 - 2019. ITA NO . 283 / PUN/ 20 1 7 M/S. KOLTE PATIL DEVELOPERS LTD. 3 5. IN VIEW OF THE FOREGOING DISCUSSION AND FOLLOWING THE PRECEDENT, WE DISMISS THE APPEAL FILED BY THE REVENUE. 6. IT IS HOWEVER CLARIFIED THAT IF SUBSEQUENTLY IT IS FOUND BY THE CONCERNED AO THAT THE TAX EFFECT IN THE APPEAL IS MO RE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH OR THE CASE IS COVERED BY ANY EXCEPTION, IT WILL BE OPEN TO THE REVENUE TO MOVE THE TRIBUNAL FOR TAKING NECESSARY ACTION. 7. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN T HE OPEN COURT ON 27 TH NOVEM BER , 2020 . SD/ - SD/ - (R.S.SYAL) (S.S.VISWANETHRA RAVI) VICE PRESIDENT JUDICIAL MEMBER PUNE ; DATED : 27 TH NOVEMBER , 2020 GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT 3. THE CIT (APPEALS) - 1 3 , PUNE . 4. THE PR. CIT - 1 , PUNE . 5. , , C / DR C , ITAT, PUNE . 6. / GUARD FILE. / BY ORDER, / / TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO . 283 / PUN/ 20 1 7 M/S. KOLTE PATIL DEVELOPERS LTD. 4 DATE 1. DRAFT DICTATED ON 2 7 - 1 1 - 2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 2 7 - 1 1 - 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. *