Assistant Commissioner of Income-tax, Jalna V. Abhay Cotex Pvt. Ltd., Jalna

MA 14/PUN/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5609 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 05-02-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 29-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 254(2); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, J UDICIAL M EMBER M.A. NO.14 /PUN/ 2020 ( ARISING OUT OF ITA NO.159 /PUN/ 2016 ) / ASSESSMENT YEAR : 2012 - 13 THE ASSISTANT COMMISSIONER OF INCOME TAX, JALNA CIRCLE, JALNA. .. /APPLICANT / V/S . ABHAY COTEX PVT. LTD. NEW GUR MARKET, MONDHA, JALNA - 431 203. PAN: AAHCA0503A / RESPONDENT A SSESSEE BY : NONE REVENUE BY : SHRI SUDHENDU DAS / DATE OF HEARING : 0 5.0 2 .2021 / DATE OF PRONOUNCEMENT : 05 .02 .2021 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE ARISING OUT OF ITA NO.159/PUN/2016 FOR ASSESSMENT YEAR 2012 - 13 U/S. 254(2) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) IN PURSUANCE TO THE ORDER OF TRIBUNAL DATED 28.08.2018. 2 M A NO. 14 /PUN/20 20 A.Y. 2012 - 13 2. DESPITE THE SERVICE OF NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT WAS MOVED. HOWEVER, SINCE THE TAX EFFECT INVOLVED IN THE PRESENT MISCELLANEOUS APPLICATION IS BE LOW RS.50 LAKHS 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 TRIBUNAL BY THE DEPARTMENT, WE PROCEED TO DECIDE THE PRESENT MISCELLANEOUS APPLICATION AFTER HEARING THE SUBMISSIONS OF THE LD. DR. 3. THE LD. DR FOR THE REVENUE SUBMITTED THAT THE TRIBUNAL HAS DISMISSED THE APPEAL IN ITA NO.159/PUN/2016 DATED 28.08.2018 RELYING UPON THE CIRCULAR NO.03 OF 2018 DATED 11.07.2018 ISSUED BY THE CBDT ON THE GR OUND OF TAX EFFECT TO THE PRESENT APPEAL BELOW THE MONETARY LIMIT OF RS.20 LAKHS SPECIFIED IN CBDT CIRCULAR DATED 11.07.2018 (SUPRA.). HOWEVER, AFTER CALCULATION, THE TOTAL TAX EFFECT INVOLVED IN THE PRESENT APPEAL AS STATED BY THE LD. DR FOR THE REVENUE I S RS.30,82,826/ - WHICH IS COVERED BY THE 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 . 4. WE HAVE PERUSED THE CASE RECORDS AND HEARD THE SUBMISSIONS OF THE LD. DR. WE OBSERVE THAT UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN THIS APPEAL FOR WHICH MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE, IS 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 RE AD WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018 FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08.08.2019 (SUPRA.) HAS AMENDED PARA 3 OF CIRCULAR NO.3 OF 2018 DATED 11.07.2018 THEREBY ENHANCING 3 M A NO. 14 /PUN/20 20 A.Y. 2012 - 13 MONETARY LIMIT OF TA X 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 MISCELLANEOUS APPLICATION , IN VIEW OF THE CBDT CIRCULAR (SUPRA), WE DISMISS THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF MISCELLANEOUS APPLICATION , WITH THE REQUISITE MATERIAL TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXC EPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11 - 07 - 2018 AND ITS AMENDMENT DATED 20 - 08 - 2018. 6 . IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRO NOUNCED ON 05 TH DAY OF FEBRUARY , 20 2 1 . SD/ - SD/ - INTURI RAMA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 05 TH FEBRUARY , 202 1 SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEAL) - 1, AURANGABAD. 4. THE PR. CIT - 1, AURANGABAD. 5 . , , , / DR, ITAT, B BENCH, PUNE. 6 . / GUARD FILE. / BY ORDER, // TRUE COPY // / PRIVATE SECRETARY , / ITAT, PUNE . 4 M A NO. 14 /PUN/20 20 A.Y. 2012 - 13 DATE 1 DRAFT DICTATED ON 05 . 02 .202 1 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 05 . 02 .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