Deputy Commissioner of Income-tax, Circle - 14, Pune V. M/s. Kirloskar Pnenmatic Company Ltd, Pune

ITA 483/PUN/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5797 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 14-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK BABU
• Keywords: Tax effect

Judgement Text

] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER . / ITA NO.483/PUN/2018 / ASSESSMENT YEAR : 2013-14 THE DY. COMMISSIONER OF INCOME - TAX, CIRCLE 14, PUNE. . / APPELLANT V/S M/S. KIRLOSKAR PNEUMATIC COMPANY LTD., HADAPSAR INDUSTRIAL ESTATE, HADAPSAR, PUNE 411 013. PAN : AAACK2479C. . / RESPONDENT ASSESSEE BY : SHRI C.H. NANIWADEKAR. REVENUE BY : SHRI ASHOK BABU. / ORDER PER VIKAS AWASTHY, JM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) 7, PUNE DATED 15.1 2.2017 FOR ASSESSMENT YEAR 2013-14. 2. SHRI ASHOK BABU REPRESENTING THE DEPARTMENT SUBMITTE D AT THE OUTSET THAT THE APPEAL OF REVENUE IS HAVING LOW TAX EFFECT ACCORDING TO CBDT CIRCULAR NO.3/2013 DATED 11.07.2018. 3. SHRI C.H. NANIWADEKAR APPEARING ON BEHALF OF ASSESSEE S UPPORTED THE CONTENTIONS OF LD.D.R. / DATE OF HEARING : 09.05.2019 / DATE OF PRONOUNCEMENT: 09.05.2019. 2 ITA NO.483/PUN/2018 4. WE HAVE HEARD THE SUBMISSIONS MADE BY LD. DR AND HAV E PERUSED THE MATERIAL AVAILABLE ON RECORD. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEAL) IN ALLOWING THE A SSESSEES CLAIM OF DAMAGED COMPRESSOR AMOUNTING TO RS.34,37,500/-. PRIMA- FACIE, THE TAX EFFECT INVOLVED IN APPEAL IS LESS THAN THE MONE TARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR FOR FILING OF APPEAL BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR NO.3/20 18 DATED 11-07-2018 HAS RAISED THE MONETARY LIMIT OF TAX EFFECT FO R FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO RS.20 L AKHS. THE CIRCULAR APPLIES TO THE APPEALS TO BE FILED BY THE DEPARTME NT IN FUTURE AS WELL AS THE APPEALS PENDING BEFORE THE TRIBUNAL. WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE APPEAL, THE PRESENT AP PEAL OF THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH T HE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA). 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER HEARING OF THE APPEAL ON THURSDAY, THE 09 TH DAY OF MAY, 2019. SD/- SD/- (R.S. SYAL) (VIKAS AWASTHY) VICE PRESIDENT JUDICIAL MEMB ER PUNE; DATED : 09 TH MAY, 2019. YAMINI 3 ITA NO.483/PUN/2018 !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. 4. 5 6. CIT(A)-7, PUNE. PR. CIT-6, PUNE. '#$ %%&',)&', / DR, ITAT, A PUNE; $,-./ GUARD FILE. / BY ORDER // TRUE COPY // /01%2&3 / SR. PRIVATE SECRETARY )&', / ITAT, PUNE.