Assistant Commissioner of Income-tax, Central Circle -1, Nashik V. M/s.Dhananjay Marketing Private Limited, Mumbai

ITSSA 66/PUN/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9687 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 01-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM . / IT(SS)A NOS.66 & 68/PUN/2017 / ASSESSMENT YEARS : 2011-12 & 2013-14 ACIT, CENTRAL CIRCLE-1, NASHIK. ....... / APPELLANT / V/S. M/S. DHANANJAY MARKETING PVT. LTD., 37-39, KNATOL NIWAS, MODI STREET, FORT, MUMBAI 400001. PAN : AAACD3552F / RESPONDENT REVENUE BY : SHRI DEEPAK GARG ASSESSEE BY : SHRI RAKESH JOSHI / DATE OF HEARING : 26.03.2021 / DATE OF PRONOUNCEMENT : 05.04.2021 / ORDER THESE ARE THE APPEALS FILED BY THE REVENUE DIRECTED AGAINST THE COMMON ORDERS OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-12, PUNE (CIT(A) FOR SHORT) DATED 27.06.2017 FOR THE ASSESSMENT YEARS 2011-12 AND 2013-14 RESPECTIVELY. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THESE APPEALS IS LESS THAN RS.50 LAKHS AND THEREFORE, THE CIRCULAR NO.17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC.268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS.50 LAKHS APPEALS SHOULD NOT BE FILED. THUS, TAKING A NOTE OF CBDT 2 IT(SS)A NOS.66 & 68/PUN/2017 CIRCULAR NO.17/2019, DATED 08.08.2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THESE APPEALS IS LESS THAN RS.50 LAKHS, THESE APPEALS DESERVE TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THESE APPEALS ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE APPEALS FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.17/2019 DATED 08/08/2019, THE APPEALS FILED BY THE REVENUE STAND DISMISSED. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED ON THIS 05 TH DAY OF APRIL, 2021. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 05 TH APRIL, 2021. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-12, PUNE. 4. THE PR. CIT, CENTRAL, NAGPUR. 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.