Deputy Commissioner of Income-tax, Central Circle - 1(1), Pune V. Sudarshan Chemical Industries Ltd, Pune

ITSSA 98/PUN/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3805 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 10 month(s) 2 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 08-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-10-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 06-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY , JM . / I T (SS) A NO. 91 /PUN/20 17 / ASSESSMENT YEAR : 2014 - 15 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), PUNE. ....... / APPELLANT / V/S. M/S. SUDARSHAN CHEMICAL INDUSTRIES LTD. 162, WELLESLEY ROAD, NEAR RTO, PUNE - 411 001. PAN : AABCS4223P / RESPONDENT . / IT (SS) A NO. 96 TO 99 /PUN/2017 / ASSESSMENT YEAR : 2008 - 09 TO 2011 - 12 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), PUNE. ....... / APPELLANT / V/S. M/S. SUDARSHAN CHEMICAL INDUSTRIES LTD. 162, WELLESLEY ROAD, NEAR RTO, PUNE - 411 001. PAN : AABCS4223P / RESPONDENT REVENUE BY : SHRI SUDHENDU DAS A SSESSEE BY : SHRI NIKHIL PATHAK / DATE OF HEARING : 08 . 10 .2021 / DATE OF PRONOUNCEMENT : 08 . 10 .2021 2 IT (SS) A NO .91 /PUN/20 17 IT(SS)A NO.96 TO 99/PUN/2017 / ORDER THE APPEAL IN IT(SS)A NO.91/PUN/2017 PREFERRED BY THE REVENUE EMANATES FROM THE ORDER OF THE LD. CIT(APPEALS) - 13, PUNE DATED 07.09.2017 FOR THE ASSESSMENT YEAR 2014 - 15 AS PER THE GROUNDS OF APPEAL ON RECORD. THE APPEALS IN IT(SS)A NOS. 96 TO 99/PUN/2017 PREFERRED BY THE REVENUE EMANATES FROM THE COMMON ORDER OF THE LD. CIT(APPEALS), PUNE - 11 DATED 11.09.2017 FOR THE ASSESSMENT YEARS 2008 - 09 TO 2011 - 12 AS PER THE GROUNDS OF APPEAL ON RECORD. 2. AT THE VERY OUTSET, THE LD. D R OF THE REVENUE SUBMITTED THAT THE TAX EFFECT INVOLVED IN ALL THESE APPEALS ARE BELOW RS.50 LAKHS AND THEREFORE, THE APPEALS OF REVENUE ARE LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF RECENT CBDT CIRCULAR NO.1 7/2019 [F NO.279/MISE.142/2007 - ITJ (PT)], DATED 08.08.2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018 REVISING THE UPWARD MONETARY LIMITS FOR FILING OF APPEALS IN INCOME TAX CASES BEFORE VARIOUS APPELLATE FORUMS. THE EARLIER CBDT CIRCULAR NO.03/2019 DATED 11.07.2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL AT RS.20 LAKHS. SUCH LIMIT HAS BEEN ENHANCED IN THE RECENT CBDT CIRCULAR DATED 08.08.2019 FROM RS.20 LAKHS TO RS. 50 LAKHS. THUS, THE TAX EFFECT ON THE ADDITION IS LESS THAN R S.50 LAKHS. 3. THE LD. A R FAI RLY ADMITTED THAT IN ALL THE APPEAL S FILED BY THE DEPARTMENT TAX EFFECT IS LESS THAN RS.50 LAKHS. 4. BOTH SIDES HEARD. UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN THESE APPEAL S ARE LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR NO.17/2019 [F NO.279/MISE.142/2007 - ITJ (PT)] DATED 08 - 08 - 2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018 FOR FILING OF APPEALS BEFORE THE 3 IT (SS) A NO .91 /PUN/20 17 IT(SS)A NO.96 TO 99/PUN/2017 TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08.08.2019 (SUPRA.) HAS AMENDED P ARA 3 OF CIRCULAR NO.3 OF 2018 DATED 11.07.2018 THEREBY ENHANCING MONETARY LIMIT OF TAX EFFECT FROM RS.20 LAKHS TO RS.50 LAKHS FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE SE APPEAL S , IN VIEW OF THE CBDT CIRCULAR (SUPRA), WE DISMISS THE APPEAL S FILED BY THE REVENUE. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL S , WITH THE REQUISITE MATERIAL TO SHOW THAT T HE APPEAL S ARE PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11 - 07 - 2018 AND ITS AMENDMENT DATED 20 - 08 - 2018. 6. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRO NOUNCED ON 08 TH DAY OF OCTOBER , 20 2 1 . SD/ - SD/ - R.S.SYAL PARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 08 TH OCTOBER , 202 1 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 13, PUNE. 4. THE PR. CIT, CENTRAL, PUNE. 5. , , , / DR, ITAT, A BENCH, PUNE. 6 . / GUARD FILE. / BY ORDER, // TRUE COPY // / PRIVATE SECRETARY , / ITAT, PUNE . 4 IT (SS) A NO .91 /PUN/20 17 IT(SS)A NO.96 TO 99/PUN/2017 DATE 1 DRAFT DICTATED ON 08 . 10 .2021 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 08.10 .202 1 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER