ASTT.COMMISSIONER OF INCOME TAX, CIR.7, Nagpur V. M/S NAGPUR TRANSWELL POWER PVT LTD., Nagpur

ITA 408/NAG/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1558 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 26-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: UPSEN BORKAR
• Keywords: Tax effect

Judgement Text

1 ITA NO. 408/NAG/2014 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 408/NAG/2014 ASSESSMENT YEAR : 2006 - 09. ASSTT. COMMISSIONER OF INCOME - TAX, M/S NAGPUR TRANSWELL POWER CIRCLE - 7, NAGPUR. VS. PVT. LTD., NAGPUR. PAN AAACN 9846N APPELLANT. RESPONDENT. . APPELLANT BY : SHRI UPSEN BORKAR. RESPONDENT BY : NONE. DATE OF HEARING : 16 - 12 - 2015. DATE OF PRONOUNCEMENT : 18 TH DECEMBER, 2015 . O R D E R PER SHRI MUKUL K. SHRAWAT, J.M. THIS IS AN APPEAL FILED BY THE REVENUE ARISING OUT OF THE ORDER OF LEARNED CIT(APPEALS) - II, NAGPUR DATED 16 - 06 - 2014 2. AT THE THRESHOLD WE NOTE THAT AS PER THE CBDT CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 THE MONETARY LIMIT FIXED FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE INCOME - TAX APPELLATE TRIBUNAL IS HAVING TAX EFFECT OF MORE THAN RS.10,00,000/ - IT HAS BEEN MENTIONED IN PARA 10 OF THE ABOVE SAID CIRCULAR THAT THIS INSTRUCTION WILL APPLY RETROSPECT IVELY TO PENDING APPEALS. FURTHER IT HAS BEEN PROVIDED THAT THE PENDING APPEALS BELOW THE SPECIFIED LIMIT MAY BE WITHDRAWN/NOT PRESSED. WE FIND THAT IN THIS APPEAL THE TAX EFFECT IS BELOW RS. 10,00,000/ - . 2 ITA NO. 408/NAG/2014 3. ADMITTEDLY THE FACTUAL POSITION IS THAT THE INCO ME WAS ASSESSED AT RS.28,66,845/ - AND THE TAX DEMANDED WAS RS.5,90,139/ - . HENCE THIS APPEAL OF THE REVENUE DEPARTMENT IS DULY COVERED BY THE ABOVE MENTIONED CBDT CIRCULAR. 4. WE, THEREFORE, HOLD THAT THIS APPEAL OF THE REVENUE NOW STOOD COVERED BY THE AFOR E MENTIONED CIRCULAR. HENCE HEREBY DISMISSED WITHOUT DISCUSSING THE MERITS OF THE CASE. GROUND DISMISSED. 5. IN THE RESULT, THIS APPEAL BY THE REVENUE STANDS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 18 TH DAY OF DEC., 2015. SD/ - SD/ - ( S HAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER. JUDICIAL MEMBER NAGPUR, DATED: 18 TH DEC., 2015. 3 ITA NO. 408/NAG/2014 COPY FORWARDED TO : 1. M/S NAGPUR TRANSWELL POWER PVT. LTD. U - 19, MIDC, HINGNA, NAGPUR - 440016. 2. A .C.I.T., CIRCLE - 7 , NAGPUR. 3. COMMISSIONER OF INCOME - TAX - , NAGPUR. 4. CIT(APPEALS) - II , NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE.