Deputy Commissioner of Income tax, V. M/s. Electromech Engineers, Pune

ITA 2894/PUN/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2445 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 19-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER . / ITA NO.2894/PUN/2016 / ASSESSMENT YEAR : 2011-12 DCIT, CIRCLE-8, PUNE VS. M/S. ELECTROMECH ENGINEERS, PLOT NO.16/13, F-2, MIDC, PIMPRI, PUNE 411 018 PAN : AAAFE4472B (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE OR DER DATED 01-09-2016 PASSED BY THE CIT(A)-6, PUNE IN RELATION TO THE ASSESSMENT YEAR 2011-12. 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITTED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUE D CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROS PECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20.00 LAKH FOR N OT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUBMITTED THAT AS THE TAX APPELLANT BY SHRI SUDHENDU DAS RESPONDENT BY SHRI C.H. NANIWADEKAR DATE OF HEARING 11-03-2019 DATE OF PRONOUNCEMENT 12-03-2019 ITA NO.2894/PUN/2016 M/S. ELECTROMECH ENGINEERS 2 EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.20,00,0 00/-, THE EXTANT APPEAL IS NOT MAINTAINABLE. IN FACT, THE LD. AR MENTIONED THAT THE TAX EFFECT IN THIS APPEAL COMES TO RS.19,86,170/-, WHICH IS BELOW THE PRESCRIBED LIMIT. THE LD. D.R., SUPPORTED THE ORD ER OF THE ASSESSING OFFICER. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVANT MATE RIAL ON RECORD. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRC ULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APP EALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTIO N TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/-. WE ARE, THEREFORE, OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER N OT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME A S THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE STIPULATED AMOUNT. ACCORDINGLY, WE DISMISS THE INSTANT APPEAL WITHOUT GOIN G INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBER TY TO FILE THE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMIT OF RS.20,00,000/-. ITA NO.2894/PUN/2016 M/S. ELECTROMECH ENGINEERS 3 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH MARCH, 2019. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VI CE PRESIDENT PUNE; DATED : 12 TH MARCH, 2019 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-6, PUNE 4. 5. 6. THE PR. CIT-5, PUNE , , / DR B, ITAT, PUNE; / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE ITA NO.2894/PUN/2016 M/S. ELECTROMECH ENGINEERS 4 DATE 1. DRAFT DICTATED ON 11-03-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 11-03-2019 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. *