Assistant Commissioner of Income-tax, Circle - 2, Kolhapur V. Usha Jitendrakumar Shah, Kolhapur

ITA 314/PUN/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5503 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 13-05-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 08-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, A PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER . / ITA NOS.313 & 314/PUN/2018 / ASSESSMENT YEARS : 2010-11 & 2011-12 ACIT, CIRCLE-2, KOLHAPUR VS. USHA JITENDRAKUMAR SHAH, 329, E-WARD, AMATYA TOWER, DABHOLKAR CORNER, KOLHAPUR PAN : AEJPS9860D APPELLANT RESPONDENT / ORDER THESE TWO APPEALS BY THE REVENUE ARISE OUT OF THE COMMO N ORDER DATED 28-11-2017 PASSED BY THE CIT(A)-2, KOLHAPU R IN RELATION TO THE ASSESSMENT YEARS 2010-11 & 2011-12. 2. AT THE OUTSET, THE LD. DR SUBMITTED THAT THE TAX EFFECT IN THESE CASES IS LESS THAN RS.50.00 LAKH. 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 DEPARTMENT IN INCOME-TAX CASES BEFORE VARIOUS APPELLATE F ORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11-07-2018 FIXED MON ETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNA L AT ASSESSEE BY NONE REVENUE BY SHRI A.M. MAHADEVAN KRISHNAN DATE OF HEARING 13-05-2021 DATE OF PRONOUNCEMENT 13-05-2021 ITA NOS.313 & 314/PUN/2018 USHA JITENDRAKUMAR SHAH 2 RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANCED IN THE C IRCULAR DATED 08-08-2019 TO RS.50.00 LAKH. SINCE TAX EFFECT IN THE INSTANT APPEALS IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.0 0 LAKH, WE ARE NOT INCLINED TO ENTERTAIN THESE 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.17/20 19 ARE APPLICABLE TO ALL PENDING APPEALS. IN VIEW OF THE FOREG OING DISCUSSION, WE DISMISS THE APPEALS FILED BY THE REVENUE. HOWEVER, IT IS MADE CLEAR THAT IF THE TAX EFFECT IN THESE APPEALS IS MORE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH OR THE CASES AR E COVERED BY AN EXCEPTION, IT WILL BE OPEN TO THE REVENUE TO MOVE THE TRIBUNAL FOR TAKING NECESSARY ACTION. 5. IN THE RESULT, THE APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH MAY, 2021. SD/- SD/- ( PARTHA SARATHI CHAUDHURY ) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 13 TH MAY, 2021 ITA NOS.313 & 314/PUN/2018 USHA JITENDRAKUMAR SHAH 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-2, KOLHAPUR 4. 5. 6. THE PCIT-2, KOLHAPUR DR, ITAT, A BENCH, PUNE / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 13-05-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 13-05-2021 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.