Dy. Commissioner of Income Tax, Central Circle -1 (3), Pune V. M/s. Chaudhary Attarsingh Yadav Memorial Educational Trust, Pune

ITA 984/PUN/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8888 (ITAT-PUNE)
• Duration Of Justice: 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 05-12-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 08-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARISES OUT OF PASSED
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.984/PUN/2019 / ASSESSMENT YEAR : 2008-09 DCIT, CENTRAL CIRCLE-1(3), PUNE VS. M/S. CHAUDHARY ATTARSINGH YADAV MEMORIAL EDUCATIONAL TRUST, PRIDE PLAZA, IST FLOOR, NEAR AMBEDKAR CHOWK, PIMPRI, PUNE 411 018 PAN : AAAAC2210P (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-13, PUNE ON 25-04-2019 IN RELATION TO THE ASSESSMENT YEAR 2008-09. 2. IT HAS BEEN FAIRLY ADMITTED BY THE LD. DR THAT THE TAX E FFECT IN THIS APPEAL IS LESS THAN RS.50.00 LAKH. 3. RECENTLY, THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATE D 08-08-2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF APPELLANT BY SHRI S.P. WALIMBE RESPONDENT BY NONE DATE OF HEARING 15-01-2020 DATE OF PRONOUNCEMENT 16-01-2020 ITA NO.984/PUN/2019 M/S. CHAUDHARY ATTARSINGH YADAV MEMORIAL EDUCATIONAL TRUST 2 APPEALS BY THE DEPARTMENT IN INCOME-TAX CASES BEFORE VAR IOUS APPELLATE FORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 1 1-07- 2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BY THE REVENU E BEFORE THE TRIBUNAL AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BE EN ENHANCED IN THE RECENT CIRCULAR DATED 08-08-2019 TO RS.50. 00 LAKH. SINCE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAKH, I AM NOT INCLINED TO ENTERTAIN THIS APPEAL. 4. AT THIS JUNCTURE, IT IS PERTINENT TO NOTE THAT THE CBDT VIDE F.NO.279/MISC/M-13/2018-ITJ DATED 20-08-2019 HAS CLARIFIED THAT THE REVISED MONETARY LIMITS SO MENTIONED IN CIRCULAR NO.17/2019 ARE APPLICABLE TO ALL PENDING APPEALS. NOT ONLY THAT, IT HAS FURTHER BEEN DIRECTED TO THE COMPETENT AUTHORITIES TO WITHDRAW ALL SUCH APPEALS ON OR BEFORE 31-10-2019. HOW EVER, IT IS MADE CLEAR THAT IF THE TAX EFFECT IN THIS PARTICULAR APPEAL IS MORE THAN THE PRESCRIBED MONETARY LIMIT OF RS.50.00 LAKH O R THE CASE IS COVERED BY AN EXCEPTION, IT WILL BE OPEN TO THE REVEN UE TO MOVE THE TRIBUNAL FOR TAKING NECESSARY ACTION. ITA NO.984/PUN/2019 M/S. CHAUDHARY ATTARSINGH YADAV MEMORIAL EDUCATIONAL TRUST 3 5. IN VIEW OF THE FOREGOING DISCUSSION, I DISMISS THE A PPEAL FILED BY THE REVENUE. 6. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH JANUARY, 2020. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 16 TH JANUARY, 2020 SATISH / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-13,PUNE 4. THE PR. CIT-1, PUNE 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.984/PUN/2019 M/S. CHAUDHARY ATTARSINGH YADAV MEMORIAL EDUCATIONAL TRUST 4 DATE 1. DRAFT DICTATED ON 15-01-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 15-01-2020 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. *