Deputy Commissioner of Income-tax, V. M/s. Mega Ventures, Pune

ITA 797/PUN/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1624 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-06-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 21-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P U N A Y; M K VERMA ITA NOS
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E , , , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVE DI, AM . / ITA NO.797/PUN/2016 / ASSESSMENT YEAR : 2011-12 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, PUNE. ....... / APPELLANT / V/S. M/S. MEGA VENTURES, KUNAL HOUSE, OPP. KAMALA NEHRU PARK, OFF. PRABHAT ROAD, SHIVAJI NAGAR, PUNE-411 004. PAN : AARFM2813L / RESPONDENT . / ITA NO.859/PUN/2016 / ASSESSMENT YEAR : 2011-12 M/S. MEGA VENTURES, KUNAL HOUSE, OPP. KAMALA NEHRU PARK, OFF. PRABHAT ROAD, SHIVAJI NAGAR, PUNE-411 004. PAN : AARFM2813L ....... / APPELLANT / V/S. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, PUNE. / RESPONDENT ASSESSEE BY : SHRI SUHAS BORA (WITHDRAWAL APPLI CATION) REVENUE BY : SHRI M.K. VERMA 2 ITA NOS.797 & 859/PUN/2016 A.Y.2011-12 / DATE OF HEARING : 30.08.2018 / DATE OF PRONOUNCEMENT : 30.08.2018 / ORDER PER SUSHMA CHOWLA, JM THE APPEAL FILED BY THE REVENUE IS AGAINST THE ORDE R OF COMMISSIONER OF INCOME TAX (APPEALS)-3, PUNE DATED 11.01.2016 RELAT ING TO ASSESSMENT YEAR 2011- 12 PASSED UNDER SECTION 143(3) OF THE INCOME TAX AC T, 1961 ( IN SHORT THE ACT). THE ASSESSEE HAS FILED CROSS APPEAL AGAINST THE APP EAL FILED BY THE REVENUE. 2. THE CBDT VIDE CIRCULAR NO.3/2018, DATED 11.07.20 18 HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPART MENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. THE TAX EFFECT IN DISPUTE IN THE CAPTIONED APPEAL IS STATED TO BE BELOW THE MONETARY LIMIT OF RS. 20.00 LAKHS SPECIFI ED IN THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). 3. IN THIS BACKGROUND, THE LEARNED DEPARTMENTAL REP RESENTATIVE FOR THE REVENUE WAS REQUIRED TO STATE HIS POSITION; HE HAS NOT REFERRED TO ANY MATERIAL WHICH WOULD SHOW THAT THE CAPTIONED APPEAL IS PROTE CTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR (SUPRA). 4. WITHOUT GOING INTO THE MERIT OF THE ISSUES RAISE D IN THE CAPTIONED APPEAL, THIS APPEAL IS DEEMED TO BE WITHDRAWN/NOT PRESSED AS ITS FILING IS IN CONTRAVENTION OF THE CBDT CIRCULAR DATED 11.07.2018 (SUPRA). BEFORE PAR TING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNA L FOR RE-INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR (S UPRA). 3 ITA NOS.797 & 859/PUN/2016 A.Y.2011-12 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 11.07.2018 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WIT HDRAWN/NOT PRESSED. 6. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSE D. 7. THE ASSESSEE HAS FILED AN APPLICATION DATED 30.0 8.2018 SEEKING WITHDRAWAL OF ITS APPEAL. THE LD. DR FOR REVENUE HAS RAISED NO OBJECTION ON ASSESSEES WITHDRAWING THE PRESENT APPEAL. IN VIEW OF APPLICAT ION MADE BY ASSESSEE, THE APPEAL IS DISMISSED AS HAVING BEEN ' WITHDRAWN '. 8. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A ND ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF AUGUST, 2018. SD/- SD/- ( ANIL CHATURVEDI) (SU SHMA CHOWLA) /ACCOUNTANT MEMBER /JUDICIAL MEMBER / PUNE; / DATED : 30 TH AUGUST, 2018 SB !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT (APPEALS)-3, PUNE. 4. THE PR. CIT, PUNE. 5. !'# $% , & $% , '() , / DR, ITAT, B BENCH, PUNE. 6. #*+ ,- / GUARD FILE. // TRUE COPY // &. / BY ORDER, / $) /PRIVATE SECRETARY & $% , / ITAT, PUNE.