Income-tax Officer, V. M/s.Boxwell Industries, Jalna

ITA 893/PUN/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0881 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 09-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMITRA BANERJI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE . . , BEFORE SHRI R.K. PANDA, AM . / ITA NO.893/PN/2015 / ASSESSMENT YEAR : 2009-10 ITO, WARD - 1, JALNA . / APPELLANT V/S M/S. BOXWELL INDUSTRIES, PLOT NO.C-1, OLD MIDC AREA, JALNA 431 203 PAN : AAFFB4197E . / RESPONDENT / APPELLANT BY : SMT. SUMITRA BANERJI / RESPONDENT BY : SHRI NIKHIL PATHAK / ORDER PER R.K.PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE OR DER DATED 30-03-2015 OF THE CIT(A)-I, AURANGABAD RELATING TO ASSESSMENT YEAR 2009-10. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUB MITTED THAT THE TAX EFFECT IN THE ABOVE APPEAL FILED BY THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.21/2 015 DATED 10-12-2015 THE APPEAL FILED BY THE REVENUE IS NOT MAINTAIN ABLE AND HAS TO BE DISMISSED. 3. AFTER HEARING BOTH THE SIDES, I FIND THE TAX EFFECT IN THE INSTANT APPEAL FILED BY THE REVENUE IS ADMITTEDLY BELOW RS.10 LAKHS. THEREFORE, IN VIEW OF CIRCULAR NO.21/2015 DATED 10-12-2015 OF CBDT R AISING THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE / DATE OF HEARING :21.09.2016 / DATE OF PRONOUNCEMENT:21.09.2016 2 ITA NO.893/PN/2015 TRIBUNAL, WHICH ALSO APPLIES TO PENDING APPEALS FILED BY THE RE VENUE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE R EVENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEAR ING ITSELF, I.E. ON 21-09-2016. SD/- ( R.K. PANDA ) ACCOUNTANT MEMBER PUNE ; DATED : 21 ST SEPTEMBER, 2016. '# $# / COPY OF THE ORDER FORWARDED TO : / BY ORDER , /// // $ % / TRUE COPY // // TRUE COPY // &' % * / SR. PRIVATE SECRETARY *, / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT (A) - I, AURANGABAD 4. THE CIT-I, AURANGABAD 5. $ %%* , * , SMC BENCH / DR, ITAT, SMC BENCH PUNE; 6. 2 / GUARD FILE.