Assistant Commissioner of Income tax, Aurangabad V. M/s. Sunil Hitech Engineers Ltd, Mumbai

ITA 630/PUN/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0880 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 15-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

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 . / ITA NO.630/PUN/2017 / ASSESSMENT YEAR : 2012-13 ACIT, CENTRAL CIRCLE-2, AURANGABAD VS. M/S. SUNIL HITECH ENGINEERS LTD., 602, TRADE CENTRE, BANDRA-KURLA COMPLEX, BANDRA (EAST), MUMBAI 400 051 PAN : AAFCS7498N (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE OR DER DATED 12-12-2016 PASSED BY THE CIT(A)-22, MUMBAI IN R ELATION TO THE ASSESSMENT YEAR 2012-13. APPELLANT BY SHRI SUDHENDU DAS RESPONDENT BY NONE DATE OF HEARING 26-03-2019 DATE OF PRONOUNCEMENT 27-03-2019 ITA NO.630/PUN/2017 M/S. SUNIL HITECH ENGINEERS LTD., 2 2. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSE E DESPITE SERVICE OF NOTICE. 3. HEARD THE LD. DR AND PERUSED THE RELEVANT MATERIAL ON RECORD. PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUE D CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROS PECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20.00 LAKH FOR N OT FILING APPEALS BY THE REVENUE BEFORE THE TRIBUNAL. IT IS AN ADMI TTED POSITION ON BEHALF OF THE REVENUE THAT THE TAX EFFECT INVOLVE D IN THE INSTANT APPEAL IS LESS THAN RS.20,00,000/-. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LE SS THAN THE STIPULATED AMOUNT. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICAB LE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THE RE IS A CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS TH AN RS.20,00,000/-. WE ARE, THEREFORE, OF THE VIEW THAT THE R EVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBU NAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTE DLY ITA NO.630/PUN/2017 M/S. SUNIL HITECH ENGINEERS LTD., 3 LESS THAN THE STIPULATED AMOUNT. ACCORDINGLY, WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH MARCH, 2019. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VI CE PRESIDENT PUNE; DATED : 27 TH MARCH, 2019 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-22, MUMBAI 4. 5. 6. THE PR. CIT-14, MUMBAI , , / DR B, ITAT, PUNE; / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE ITA NO.630/PUN/2017 M/S. SUNIL HITECH ENGINEERS LTD., 4 DATE 1. DRAFT DICTATED ON 26-03-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 26-03-2019 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. *