Deputy Commissioner of Income tax, Pune V. M/s. Clover Technologies Pvt.Ltd, Pune

ITA 582/PUN/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5842 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 09-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K SRINIVASAN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY, JM / ITA NO. 582/PUN/2017 / ASSESSMENT YEAR : 2012-13 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE. ....... / APPELLANT / V/S. M/S. CLOVER TECHNOLOGIES PVT. LTD. PLOT NO.5, GALAXY SOCIETY, 245 BOAT CLUB ROAD, PUNE-411 001. PAN :AAACC7231Q / RESPONDENT REVENUE BY : SHRI PANKAJ GARG ASSESSEE BY : SHRI K SRINIVASAN / DATE OF HEARING : 29.01.2019 / DATE OF PRONOUNCEMENT : 30.01.2019 / ORDER PER PARTHA SARATHI CHAUDHURY, JM : THIS APPEAL PREFERRED BY THE REVENUE EMANATES FROM THE ORDER OF LD. CIT(APPEAL), PUNE-1 DATED 21.12.2016 FOR THE ASSESSMENT YE AR 2012-13 AS PER GROUNDS OF APPEAL ON RECORD. 2. THE CBDT VIDE CIRCULAR NO.3/2018, DATED 11.07.2018 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFOR E THE TRIBUNAL WITH RETROSPECTIVE EFFECT. AS PER THE CIRCULAR (SUPRA), THE MONETARY LIMIT OF 2 ITA NO. 582/PUN/2017 A.Y.2012-13 TAX EFFECT FOR FILING APPEALS BEFORE THE TRIBUNAL BY THE DEPA RTMENT HAS BEEN RAISED TO RS.20 LAKHS. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED TH AT THE TAX EFFECT IN THE CAPTIONED APPEAL IS UNDISPUTEDLY BELOW THE MO NETARY LIMIT OF RS.20 LAKHS. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISE D IN THE CAPTIONED APPEAL, WE FIND THE ADJUDICATION ON MERITS BECOME S AN ACADEMIC EXERCISE AS THE CAPTIONED APPEAL IS DEEMED TO BE WITHDR AWN/NOT PRESSED IN ACCORDANCE WITH THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL/S WITH THE REQUISITE MATERIAL INDICATING THAT THE APPEALS ARE PROTECTED BY THE EXCEPT IONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (SUPRA). 4. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 11 .07.2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 30 TH DAY OF JANUARY, 2019. SD/- SD/- R.S.SYAL P ARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 30 TH JANUARY, 2019. SB 3 ITA NO. 582/PUN/2017 A.Y.2012-13 !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEAL), PUNE-1. 4. THE CIT-1, PUNE. 5. '#$ %%&' , ( &' , )*+ , / DR, ITAT, B BENCH, PUNE. 6. $,- ./ / GUARD FILE. // TRUE COPY // (0 / BY ORDER, %1 &+ / PRIVATE SECRETARY ( &' , / ITAT, PUNE. 4 ITA NO. 582/PUN/2017 A.Y.2012-13 DATE 1 DRAFT DICTATED ON 29 .01.2019 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 30 .01 .201 9 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER