ACIT Cir 4 Pune., Pune V. Shri Mohammed Ahmed U. Khatri, Mumbai

ITA 713/PUN/2012

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 7040 (ITAT-PUNE)
• Duration Of Justice: 5 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 30-11-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 09-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK AGGARWAL
• Assessee Lawyers: MITRANI BANDOPADHYAY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO. 713 /P U N/20 1 2 / ASSESSMENT YEAR : 20 08 - 09 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 4, PUNE . / APPELLANT VS. SHRI MOHAMMED AHMED U. KHATRI, 628, KHATRI HOUSE, 13 TH ROAD, KHAR WEST, MUMBAI 400052 . / RESPONDENT PAN: A CWPK6373J / APPELLANT BY : SHRI VIVEK AGGARWAL / RESPONDENT BY : MS MITRANI BANDOPADHYAY / DATE OF HEARING : 30 . 11 . 201 7 / DATE OF PRON OUNCEMENT: 30 . 11 . 201 7 / ORDER PER SUSHMA CHOWLA, JM: THE APPEAL FILED BY THE REVENUE IS AGAINST THE ORDER OF CIT(A) - II , PUNE , DATED 09 . 12 .201 1 RELATING TO ASSESSMENT YEAR 20 08 - 09 AGAINST ORDER PASSED UNDER SECTION 14 3 (3) OF THE INCOME - TAX ACT , 19 61 (IN SHORT THE ACT) . 2 . THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE LIMIT PRESCRIBED BY THE CBDT CIRCULAR OF 10 . 12 . 2015 BEARING NO.21 OF 2015 AND THEREFORE THE APPEAL BE DECIDED ACCORDINGLY. 2 ITA NO. 713 /P U N/201 2 3 . ON PERUSAL OF RECORD, IT TRANSPIRES THAT THE TAX EFFECT INVOLVED IN PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY CBDT FOR FILING OF APPEAL BEFORE TRIBUNAL. THE CBDT VIDE CIRCULAR NO. 21/2015, DATED 10.12.2015 HAS RAISED THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO RS. 10 LAKHS. THE CIRCULAR APPLIES TO THE APPEALS TO BE FILED BY THE DEPARTMENT IN FUTURE, AS WELL AS THE APPEALS PENDING BEFORE THE TRIBU NAL. THUS, IN VIEW OF THE CBDT CIRCULAR THE PRESENT APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4 . IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF NOVEM BER , 201 7 . SD/ - SD/ - ( ANIL CHATURVEDI ) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 30 TH NOVEM BER , 201 7 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT (A) - II , PUNE . 4. / THE CIT - II , PUNE . 5. , , / DR B , ITAT, PUNE; 6. / GUARD FILE . / BY ORDER , //TRUE COPY// / SR. PRIVATE SECRETARY , / ITAT, PUNE