Income-tax Officer, Ward - 14(3), Pune V. Apparao Venkata Emani, Pune

ITA 561/PUN/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5792 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 27-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JADHAV
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, LH IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH C, PUNE , . , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI D. KARUNAKARA RAO, AM . / ITA NO.561/PUN/2018 / ASSESSMENT YEAR : 2014-15 ITO, WARD- 14(3), PUNE. . /APPELLANT VS. APPARAO VENKATA EMANI, KONDHWA BK, E-503, EISHA BELLA VISTA, KONDHWA, PUNE 411048. PAN : AACPA5222A . / RESPONDENT REVENUE BY : SHRI S. K. JADHAV ASSESSEE BY : NONE / DATE OF HEARING : 09.05.2019 / DATE OF PRONOUNCEMENT: 09.05.2019 / ORDER PER D. KARUNAKARA RAO, AM : THIS APPAL IS FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A)-7, PUNE DATED 27.12.2017 FOR THE ASSESSMENT YEAR 2014-15. 2. BEFORE US, NONE TO REPRESENT THE ASSESSEE DESPITE SERVICE OF NOTICE BY THE ITAT. THEREFORE, THIS APPEAL IS BEING DECIDED ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING OF THE LD. DR. 3. IT IS SEEN THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 4. THE LD. DR FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THE IMPUGNED APPEAL IS LESS THAN RS.20 LAKHS AND THEREFORE, THE APPEAL FILED BY THE REVENUE HAS TO BE DISMISSED. ITA NO.561/PUN/2018 2 5. AFTER CONSIDERING THE SUBMISSION OF THE LD. DR, WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN THE IMPUGNED APPEAL IS ADMITTEDLY BELOW RS.20 LAKHS. THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO.3/2018, DATED 11.07.2018 WHICH HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. AS PER THE SAID CIRCULAR (SUPRA), THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT HAS BEEN RAISED TO RS.20 LAKHS. WE FIND THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW RS.20 LAKHS. THEREFORE, WITHOUT GOING INTO THE MERITS OF THE ISSUES/GROUNDS, THE PRESENT APPEAL IS DISMISSED AS THE SAID APPEAL IS IN CONTRAVENTION OF THE CBDT CIRCULAR DATED 11-07-2018 (SUPRA). 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH DAY OF MAY, 2019. SD/- SD/- (SUSHMA CHOWLA) (D. KARUNAKARA RAO ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; DATED : 09 TH MAY, 2019. SUJEET / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-7, PUNE; 4. THE CCIT, PUNE; 5. , , LH / DR C, ITAT, PUNE; 6. / GUARD FILE. / BY ORDER, //TRUE COPY// SENIOR PRIVATE SECRETARY , / ITAT, PUNE