Deputy Commissioner of Income-Tax, Circle 8, Pune V. Sayali Engineering Pvt. Ltd, Pune

ITA 577/PUN/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7899 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 28-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH ‘B’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER आयकर अपीऱ सं. / ITA No.577/PUN/2020 निर्धारण वषा / Assessment Year : 2009-10 DCIT, Circle-8, Pune Vs. Sayali Engineering Pvt. Ltd., S.No.275/3, Suderbaug Manik Colony Link Road, Chinchwad, Pune – 411033 PAN: AAJCS8709G Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the Revenue is directed against the order passed by the CIT(A) on 17-03-2020 in relation to the assessment year 2009-10. 2. There is a delay of 82 days in presenting the appeal before the Tribunal. The ld. DR requested for condonation of delay and since the tax effect involved in the appeal is less than the monetary limit prescribed, we condone the delay and admit the appeal for hearing. Assessee by None Revenue by Shri M.G. Jasnani Date of hearing 13-06-2022 Date of pronouncement 13-06-2022 ITA No.577/PUN/2020 Sayali Engineering Pvt. Ltd. 2 3. The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the Department in Income-tax Cases before various appellate forums. The earlier circular No.03/2018 dated 11-07-2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal. 4. At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that the revised monetary limits so mentioned in Circular No.17/2019 are applicable to all pending appeals. Not only that, it has further been directed to the competent authorities to withdraw all such appeals on or before 31-10-2019. However, it is made clear that if the tax effect in this particular appeal is found out to be more than the prescribed monetary limit of Rs.50.00 lakh or the case is covered by an exception, it will be open to the Revenue to move the Tribunal for taking necessary action. ITA No.577/PUN/2020 Sayali Engineering Pvt. Ltd. 3 5. In view of the foregoing discussion, we dismiss the appeal filed by the Revenue. Order pronounced in the Open Court on 13 th June, 2022. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; दिन ांक Dated : 13 th June, 2022 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपील र्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The CIT(A)-6, Pune 4. 5. 6. The PCIT-5, Pune DR, ITAT, ‘B’ Bench, Pune ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 13-06-2022 Sr.PS 2. Draft placed before author 13-06-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.