Deputy Commssioner of Income-tax, V. M/s. Shapers India Pvt. Ltd., Pune

ITA 398/PUN/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9414 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 06-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALOK MALVIYA
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . . . . , , BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO. 398/PUN/2015 / ASSESSMENT YEAR : 2010-11 DCIT, CIRCLE - 6, PUNE . / APPELLANT V/S M/S. SHAPERS INDIA PVT. LTD., (FORMERLY ARRK TOOLING SERMO INDIA PVT. LTD.), 5/4, NAGAR ROAD, CHANDAN NAGAR, PUNE 411 014 PAN : AABCP0175H . / RESPONDENT ASSESSEE BY : SHRI KISHOR PHADKE REVENUE BY : SHRI ALOK MALVIYA / ORDER PER D. KARUNAKARA RAO, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-13, PUNE, DATE D 23-01-2015 FOR THE ASSESSMENT YEAR 2010-11. 2. BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE DREW OUR ATTENTION TO A CHART AND SUBMITTED THAT REVENUE IS AGGRIEVED AGAINST THE RELIEF GRANTED BY THE CIT(A) AND THE RELIEF INTERMS OF TOTAL INCOME IS AROUND 16 .57 LAKHS ROUNDED OFF TO RS.16.60 LAKHS. THE TAX EFFECT ON THE SAME WOULD B E SOMEWHERE BELOW RS.6 LAKHS APPROXIMATELY. / DATE OF HEARING :25.05.2017 / DATE OF PRONOUNCEMENT: 25.05.2017 2 ITA NO.398/PUN/2015 3. ON HEARING BOTH THE SIDES, WE FIND THE TAX EFFEC T IS CERTAINLY LESS THAN RS.10 LAKHS. THEREFORE, IN VIEW OF CIRCULAR NO.21/ 2015 DATED 10-12-2015 OF CBDT RAISING THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, WHICH ALSO APPLIES TO PENDING APPEALS FILED BY THE REVENUE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 25 TH DAY OF MAY, 2017. SD/- SD/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 25 TH MAY, 2017. / COPY OF THE ORDER FORWARDED TO : / BY ORDER , // TRUE COPY // //TRUE COPY// /ASSISTANT REGISTRAR , / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT(A) - 13, PUNE 4. CIT - 13, PUNE 5. , , B BENCH / DR, ITAT, B BENCH PUNE; 6. / GUARD FILE.