Assistant Commissioner of Income-tax, Ahmednagar Circle , Ahmednagar V. M/s. A.C.Shaikh Contractor, Ahmednagar

ITA 3092/PUN/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0233 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 28-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARISES OUT OF PASSED
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE VIRTUAL COURT BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI PARTHA SARATHI CHAUDHURY , J UDICIAL MEMBER I TA NO. 3092 /PUN/2017 / ASSESSMENT YEAR : 201 3 - 14 A CIT, AHMEDNAGAR CI RCLE, AHMEDNAGAR VS. M/S. A.C. SHAIKH CONTRACTOR, GULSHAN BUNGLOW, BURUDGAON ROAD, AHMEDNAGAR 414 001 PAN : AANFA2734J APPELLANT RESPONDENT / ORDER TH IS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) - 2, PUNE ON 2 0 - 10 - 2016 IN RELATION TO THE ASSESSMENT YEAR 2013 - 14. 2. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE DESPITE NOTICE . HOWEVER, IT HAS BEEN FAIRLY ADMITTED BY THE LD. DR THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50.00 LAKH. A SSESSEE BY NONE RE VENUE BY SHRI ALOK MALVIYA DATE OF HEARING 23 - 06 - 2020 DATE OF PRONOUNCEMENT 24 - 0 6 - 2020 ITA NO . 3092 /PUN/ 2017 M/S. A.C. SHAIKH CONTRACTOR 2 3. RECENTLY, THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATED 08 - 08 - 2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF 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 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.17/2019 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. HOWEVER, IT IS MADE CLEAR THAT IF THE TAX EFFECT IN THIS PARTICULAR APPEAL IS MORE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH OR THE CASE IS COVERED BY AN EXCEPTION, IT WILL BE OPEN TO THE REVENUE TO MOVE THE TRIBUNAL FOR TAKING NECES SARY ACTION. ITA NO . 3092 /PUN/ 2017 M/S. A.C. SHAIKH CONTRACTOR 3 5. IN VIEW OF THE FOREGOING DISCUSSION, WE DISMISS THE APPEAL FILED BY THE REVENUE. 6. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JUNE , 2020 . SD/ - SD/ - ( PARTHA SARATHI CHAUDHURY ) ( R.S.SYAL ) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 24 TH JUNE , 2020 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A) - 2 , PUNE 4 . 5. THE PR. CIT - 1 , PUNE , , / DR B , ITAT, PUNE 6 . / GUARD FILE / BY ORDER, / / TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO . 3092 /PUN/ 2017 M/S. A.C. SHAIKH CONTRACTOR 4 DATE 1. DRAFT DICTATED ON 23 - 06 - 2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 23 - 06 - 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 SEN T 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. *