I.T.O. Ward -2, Amaravati V. JWALAMUKHI JAGDAMBA MAJUR KAMGAR SAHAKARI SANSTHA,

MA 15/NAG/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4358 (ITAT-NAGPUR)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-04-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 09-11-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NARENDRA KANE
• Keywords: Tax effect

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH: NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. M.A.NO. 15 & 17 /NAG/2015 ( IN ITA NO. 3 7 0 /NAG/201 2 : AY : 20 08 - 0 9 ) INCOME TAX OFFICER WARD 2, AMBAPETH, AMRA VATI - VS M/S. JWALAMUKHI JAGDAMBA MAJUR KAMGAR SAHKARI SANSTH A , NANDGAON, DIST - AMRAVATI - 01 PAN: ACWPM7099K (APPLIC ANT) (RESPONDENT) APPLICANT BY SHRI NARENDRA KANE, D . R . RESPONDENT BY NONE DATE OF HEARING : - 26 /0 2 /2016 DATE OF P RONOUNCEMENT: - 15 / 0 4 /2016 O R D E R PER SHRI SHAMIN YAHYA, A.M . BOTH THE ABOVE MISCELLANEOUS APPLICATIONS ARE FILED BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO.370/NAG/2012 FOR A.Y. 2008 - 09 VIDE ORDER DATED 27.05.2015. 2. FOR MISCELLANEOUS APPLICATION NO .15, THE REVENUE HAS FILED A LETTER SEEKING PERMISSION TO WITHDRAW THE SAME . U PON CAREFUL CONSIDERATION W E PERMI T T HE WITHDRAWAL OF THE SAME. HENCE MISCELLANEOUS APPLICATION NO.15 IS DISMISSED. 3. IN MISCELLANEOUS APPLICATION NO. 17, THE REVENUE HAS SUBMI TTED THAT , ITAT HAS DISMISSED THE REVENUE APPEAL ON ACCOUNT OF TAX EFFECT. THE TAX EFFECT WAS RS.3,58,082/ - . HENCE IT IS R EVENUE PLEA THAT APPEAL WAS FILED BEFORE THE ITAT ON 03.10.2012. HENCE CBDT INSTRUCTION NO.3/2011 W HERE MONETARY LIMIT FOR FILING APPE AL BEFORE TRIBUNAL WAS RS.3 LAKHS & ABOVE SHOULD HAVE BEEN FOLLOWED . HENCE REVENUE SEEKS A RECALL OF THE ABOVE ITAT ORDER. 2 MA NO. 15 & 17 /NAG/2015 (IN ITA NO. 370 /NAG/201 2 ) A.M.SIR.(MBODKHE, P.S.) 3 H AVING HEARD BOTH THE COUNSEL S AND PERUSAL OF THE RECORDS , WE FIND THAT THE LATEST CBDT CIRCULAR NO.21/2015 DATED 10 - 12 - 2015 FIX E S LIMIT FOR FILING APPEAL BEFORE THE ITAT AT RS.10 LAKHS AND ABOVE . I T HAS BEEN SPECIFICALLY PROVIDE D IN THE SAID C IRCULAR THAT THE SAID MONETARY LIMIT WILL APPL Y TO ALL PENDING APPEALS. HENCE, IN OUR CONSIDERED OPINION TH E RE CALL OF THIS ORDER WILL NOT SE RVE ANY PRACTICAL PURPOSE , A S REVENUE S APPEAL IS L I A BLE TO BE DISMISSED ON ACCOUNT OF TAX EFFECT DUE TO THE LATEST CBDT CIRCULAR NO.21/2015 DATED 10 - 12 - 2015. ACCORDINGLY, WE ARE OF THE CONSIDERED OPINION THAT THIS MISCELLANEOUS APPLICATION FILED BY THE RE VENUE IS INFRUCT U OUS . ACCORDINGLY, THIS MISCELLANEOUS APPLICATION NO.17 ALSO STANDS DISMISSED. 5. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATION S FILED BY THE REVENUE STAND D ISMISSED . ORDER PRONOUN CED IN THE OPEN COURT ON THIS 15 TH DAY OF APRIL , 2016. SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER NAGPUR, DATED: - 15 /04/2016. MANGESH BODKHE/P.S. COPY FORWARDED TO : 1. APPLICANT 2. RESPONDENT 3. C.I.T., CONCERNED 4. CIT (APPEALS) - I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR