Income-tax Officer, V. Shri Rajkumar Dnyanoba Dadge, Latur

ITA 56/PUN/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2849 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-03-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 06-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HITENDRA NINAWE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE , . . , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI R.K. PANDA, AM . /MA NO. 38 /PN/ 20 1 5 ARISING OUT OF ITA NO. 56 /PN/20 14 ASSESSMENT YEAR : 200 6 - 0 7 THE INCOME TAX OFFICER , WARD 3 (3), LATUR ... APPLICANT VS. SHRI RAJKUMAR DNYANOBA DADGE, ASHIRWAD AGRO EXPORT, MAHGAON, TAL RENAPUR, DIST LATUR ... RES PONDENT PAN: A GQPD7649N ITA NO. 5 6/PN/2014 ASSESSMENT YEAR: 200 6 - 0 7 ASSESSMENT YEAR: 200 6 - 0 7 THE INCOME TAX OFFICER , WARD 3 (3), LATUR . APPELLANT VS. SHRI RAJKUMAR DNYANOBA DADGE, ASHIRWAD AGRO EXPORT, MAHGAON, TAL RENAPUR, DIST LATUR . RESPONDENT PAN: A GQPD7649N APPLICANT REVENUE BY : SHRI HITENDRA NINAWE RESPONDENT ASSESSEE BY : NONE / DATE OF HEARING : 1 5 . 0 1 .201 6 / DATE OF PRONOUNCEMENT: 20 .0 1 .201 6 2 M A NO. 38 /PN/20 1 5 ARISING O UT OF ITA NO. 56 /PN/ 20 14 & ITA NO. 56 /PN/20 14 / ORDER PER SUSHMA CHOWLA , JM : THE APPLICANT REVENUE HAS PREFERRED THE PRESENT MISCELLANEOUS APPLICATION AGAINST THE ORDER OF TRIBUNAL IN ITA NO. 56 /PN/20 14 RELATING TO ASSESSMENT YEAR 200 6 - 0 7 , ORDER DATED 2 5 . 03 .201 5 . 2. THE REVENUE IN THE MISCELLANEOUS APPLICATION IS AGGRIEVED BY THE ORDER OF TRIBUNAL IN DISMISSING THE APPEAL OF THE REVENUE HAVING LOW TAX EFFECT, IN TURN, RELYING ON CBD TS INSTRUCTION NO.5 OF 2014, DATED 10.07.2014. THE GRIEVANCE OF THE REVENUE WAS THAT SINCE THE SAID INSTRUCTION CAME INTO OPERATION ON OR AFTER 10.07.2014 AND HENCE, THE SAID CIRCULAR WAS TO GOVERN THE APPEALS WHICH WERE FILED ON OR AFTER 10.07.2014 . HO WEVER, SINCE THE CAPTIONED APPEAL WAS FILED BEFORE THE SAID DATE, EARLIER CIRCULAR NO.3/2011, DATED 09.02.2011, ACCORDING TO WHICH, MONETARY LIMITS WE RE RS.3 LAKHS, WAS APPLICABLE. 3. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION WAS MOVED FOR ADJOURNMENT AND IN VIEW OF THE FACTS AND CIRCUMSTANCES, WE PROCEED TO DECIDE THE PRESENT MISCELLANEOUS APPLICATION AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE. 4. ADMITTEDLY, INSTRUCTION NO.5 OF 2014 , DATED 10.07.2014, UNDER WHICH, THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL WAS RAISED TO RS.4 LAKHS, WAS APPLICABLE TO APPEALS FILED ON OR AFTER 10.07.2014 , IN VIEW OF THE RATIO LAID DOWN BY THE HONBLE SUPREME COURT IN CIT VS. SURAY HE RBAL LTD. (2011) 202 TAXMAN 462 (SC). THE APPEAL OF THE REVENUE WAS FILED PRIOR TO THE SAID CIRCULAR AND THE PROVISIONS OF EARLIER CIRCULAR WERE APPLICABLE AND IN VIEW THEREOF, WE RECALL THE ORDER OF TRIBUNAL DATED 25.03.2015 AND PLACE THE APPEAL FOR ADJU DICATION. 3 M A NO. 38 /PN/20 1 5 ARISING O UT OF ITA NO. 56 /PN/ 20 14 & ITA NO. 56 /PN/20 14 ITA NO.56/PN/2014 5. THE CAPTIONED APPEAL IS RECALLED BY THE ORDER OF EVEN DATE ON ACCOUNT OF THE APPLICABILITY OF CIRCULAR ISSUED BY CBDT VIS - A - VIS THE APPEALS TO BE FILED BEFORE THE TRIBUNAL HAVING THE REQUISITE TAX EFFECT. HOWEVER, THE CBDT ON 10.12.2015 HAS ISSUED CIRCULAR NO. 21/2015, UNDER WHICH THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL HAS BEEN ENHANCED TO RS.10 LAKHS AND THE SAID LIMIT WOULD BE APPLICABLE NOT ONLY TO ALL FUTURE TAX LITIGATIONS BUT EVEN TO THE PENDING A PPEALS WHERE THE TAX INVOLVED IN THE APPEALS DOES NOT EXCEED RS.10 LAKHS AND THE SAME SHAL L NOT BE PRESSED OR WITHDRAWN. ADMITTEDLY, IN THE PRESENT CASE, THE TAX EFFECT IS LESS THAN THE PRESCRIBED MONETARY LIMIT FIXED BY THE CBDT VIDE CIRCULAR NO.21/2015, DATED 10.12.2015 . ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED. 6 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE APPLICANT REVENUE IS ALLOWED AND THE APPEAL OF THE REVENUE IS DISMISSED . ORDER P RONOUNCED ON THIS THE 20 TH DAY OF JANUARY , 201 6 . SD/ - SD/ - ( R.K. PANDA ) ( SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 20 TH JANUARY , 201 6 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APP LICANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A), AURANGABAD ; 4. / THE CIT , AURANGABAD ; 5. , , / DR B, ITAT, PUNE; 6. / GUARD FILE . / BY ORDER, // TRUE COPY // // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE