Income tax Officer, Pune V. Manoj Jalamchand Oswal, Pune

ITA 505/PUN/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7661 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 01-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUKESH JHA
• Keywords: Tax effect

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC , PUNE , BEFORE MS. SUSHMA CHOWLA, JM . / ITA NO. 505 /P U N/201 7 / ASSESSM ENT YEAR : 20 11 - 12 THE INCOME TAX OFFICER, WARD 6 ( 4 ), PUNE . / APPELLANT VS. MANOJ JALAMCHAND OSWAL, PROP. M/S. 01 SYNERGY & M/S. MANOJ SALES, 139, BHAWANI PETH, PUNE 4110 42 . / RESPONDENT PAN: AA BPO2958C . /CO NO. 19 /PUN/201 8 / ASSESSMENT YEAR : 2011 - 12 (OUT OF ITA NO.505/PUN/2017 ) MANOJ JALAMCHAND OSWAL, PROP. M/S. 01 SYNERGY & M/S. MANOJ SALES, 139, BHAWANI PETH, PUNE 411042 / CROSS OBJECT OR PAN: AABPO2958C V S. THE INCOME TAX OFFICER, WARD 6(4), PUNE . / RESPONDENT ASSESSEE BY : S HRI PRAMOD SHINGTE REVENUE BY : SHRI MUKESH JHA / DATE OF HEARING : 1 8 . 0 4 .201 8 / DATE OF PRONOUNCEMENT: 18 . 0 4 .201 8 ITA NO. 505 /P U N/20 1 7 CO NO.19/PUN/2018 MANOJ JALAMC HAND OSWAL 2 / ORDER PER SUSHMA CHOWLA, J M : THE APPEAL FILED BY REVENUE IS AGAINST ORDER OF CIT (A) - 4 , PUNE , DATED 2 7 .10.2016 RELATING TO ASSESSMENT YEAR 20 11 - 12 AGAINST ORDER PASSED UNDER SECTION 14 3(3) OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . THE ASSESS EE FILED CROSS OBJECTION AGAINST THE APPEAL OF ASSESSEE. 2. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE AT THE OUTSET POINTED OUT THAT TAX EFFECT IN THE PRESENT APPEAL WAS BELOW THE LIMIT PRESCRIBED UNDER CBDT CIRCULAR, IN TURN, HAS FILED WORKI NG OF TAX ON THE DISPUTED ADDITION, WHICH IS ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE POINTED OUT THAT THE ISSUE RAISED IN THE PRESENT APPEAL IS PURELY LEGAL. 4. ON PERUSAL OF RECORD AND AFTER HEARING BOTH THE LEARNED AUTHORI ZED REPRESENTATIVES, THE ISSUE WHICH ARISES IN THE PRESENT APPEAL IS THE TAX EFFECT ON THE RELIEF ALLOWED BY CIT(A). THE CBDT VIDE ITS REVISED INSTRUCTION NO.21 OF 2015, DATED 10.12.2015 HAVE PROVIDED REVISED LIMITS FOR FILING THE APPEAL S BEFORE THE TRIBU NAL AND OTHER FORUMS. THE LIMIT AS PROVIDED IN THE SAID CIRCULAR FOR FILING THE APPEAL BEFORE THE TRIBUNAL IS WHERE THE TAX EFFECT INVOLVES TAX OF 10 LAKHS OR MORE. THE PERUSAL OF RECORD REVEALS TAX EFFECT IN THE PRESENT APPEAL IS BELOW THE LIMIT PRESCRIBED BY THE CBDT. HENCE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ITA NO. 505 /P U N/20 1 7 CO NO.19/PUN/2018 MANOJ JALAMC HAND OSWAL 3 5 . THE CROSS OBJECTION FILED BY THE ASSESSEE IS NOT PRESSED BY THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE SINCE THE APPEAL OF REVENUE IS BEING DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 6. IN THE RESULT, APPEAL OF REVENUE AND CROSS OBJECTION OF ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 18 TH DAY OF APRIL , 201 8 . SD/ - (SUSHMA CHOWLA ) / JUDICIAL MEMBER / PUNE ; DATED : 18 TH APRIL , 201 8 . GCVSR / COPY OF THE ORDER IS FORWA RDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 4 , PUNE ; 4. THE PR. CIT - 3 , PUNE ; 5. 6. , , , - / DR SMC , ITAT, PUNE; / GUARD F ILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE