ACIT, Cir.-3(1), Dhule V. Shri Manohar Bhikchand Agrawal, Dhule

ITA 665/PUN/2010

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1798 (ITAT-PUNE)
• Duration Of Justice: 8 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-08-2018
• Assessment Year: misc
• Appeal Filed On: 30-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IS DIRECTED AGAINS T PASSED
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER . / ITA NO.665/PUN/2010 BLOCK PERIOD : 1988-89 TO 1998-99 ACIT, CIRCLE-3(1), DHULE VS. SHRI MANOHAR BHIKCHAND AGRAWAL, C/O. HOTEL TIRUPATI, OLD AGRA ROAD, DHULE PAN : ABIPA8984C (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THE PRESENT APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)-1, NASHIK ON 24-02-2010 IN RELATION TO THE BLOCK PERIOD 1988-89 TO 1998-99. 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITTED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUE D APPELLANT BY SHRI PANKAG GARG RESPONDENT BY SHRI SUNIL GANOO DATE OF HEARING 20-11-2018 DATE OF PRONOUNCEMENT 20-11-2018 ITA NO.665/PUN/2010 SHRI MANOHAR BHIKCHAND AGRAWAL 2 CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000/- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUBMITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTAN T APPEAL IS LESS THAN RS.20,00,000/-, THE EXTANT APPEAL IS NO T MAINTAINABLE. 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 LESS THAN RS.20,00,000/-. IN FACT, THE LD. DR HAS HIMSELF FILED A COMPUTATION SHOWING TAX EFFECT OF RS.6,60,000/- IN THIS APPEAL, WHICH IS BELOW THE PRESCRIBED LIMIT. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF THE AFORENO TED CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LE SS THAN RS.20,00,000/-. WE ARE, THEREFORE, OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS ITA NO.665/PUN/2010 SHRI MANOHAR BHIKCHAND AGRAWAL 3 APPEAL IS ADMITTEDLY 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 20 TH NOVEMBER, 2018. SD/- SD/- (VIKAS AWASTHY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESID ENT PUNE; DATED : 20 TH NOVEMBER, 2018 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-1, NASHIK 4. / THE CIT-1, NASHIK 5. , , / DR A, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.665/PUN/2010 SHRI MANOHAR BHIKCHAND AGRAWAL 4 DATE 1. DRAFT DICTATED ON 20-11-18 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 20-11-18 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 5. APPROVED DRAFT COMES TO THE SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. *