Deputy Commissioner of Income-tax, V. Comsoft Infotech Pvt. Ltd., Pune

ITA 538/PUN/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1659 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 28-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HITENDRA NINAWE
• Assessee Lawyers: PRAMOD N JADHAV
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE . . , BEFORE SHRI R.K. PANDA, AM . / ITA NO.538/PN/2016 / ASSESSMENT YEAR : 2010-11 DCIT, CIRCLE - 1(1), PUNE . / APPELLANT V/S COMSOFT INFOTECH PVT. LTD., 167/A, 3 RD FLOOR, LARA CHAMBERS, KOTHRUD, PUNE 411038 PAN NO.AABCC1274C . / RESPONDENT / APPELLANT BY : SHRI HITENDRA NINAWE / RESPONDENT BY : SHRI PRAMOD N. JADHAV / ORDER PER R.K.PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE OR DER DATED 20-01-2016 OF THE CIT(A)-I, PUNE RELATING TO THE A SSESSMENT YEAR 2010-11. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUB MITTED THAT THE TAX EFFECT IN THE GROUNDS RAISED BY THE REVENUE IS B ELOW RS.10 LAKHS. THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.21/2015 DA TED 10-12-2015 THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND SHOULD BE DISMISSED. 3 THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED T HAT THE TAX EFFECT IN THE INSTANT APPEAL FILED BY THE REVENUE IS ADMITTEDLY BELOW RS.10 LAKHS. / DATE OF HEARING :21.07.2016 / DATE OF PRONOUNCEMENT: 21.07.2016 2 ITA NO.538/PN/2016 4. AFTER HEARING THE RIVAL CONTENTIONS MADE BY BOTH THE S IDES, I FIND THE TAX EFFECT IN THE INSTANT APPEAL FILED BY THE REVEN UE IS ADMITTEDLY BELOW RS.10 LAKHS. THEREFORE, IN VIEW OF CIRCULAR NO.21/2015 DATED 10-12-2015 OF CBDT RAISING THE MONETA RY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL, WHICH ALSO APPLIES TO PENDING APPEALS FILED BY THE REVENUE, THE AP PEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISM ISSED. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEAR ING ITSELF, I.E. ON 21-07-2016. SD/- ( R.K. PANDA ) ACCOUNTANT MEMBER PUNE ; DATED : 21 ST JULY, 2016. '# $# / COPY OF THE ORDER FORWARDED TO : / BY ORDER , // TRUE COPY // // TRUE COPY // // $ % //TRUE &' % * / SR. PRIVATE SECRETARY *, / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT (A) - I , PUNE 4. 5. 6. THE CIT-I, PUNE $ %%*, *, SMC BENCH / DR, ITAT, SMC BENCH PUNE; 2 / GUARD FILE.