DCIT, CIRCLE-5, PUNE V. SHRI NANDLAL NAIK, PUNE

MA 19/PUN/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 2862 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-09-2022
• Assessment Year: 2009-2010
• Appeal Filed On: 14-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER Sr.No. M.A. No. Arising out of ITA No. Asstt. Year Applicant Respondent 1. 17/PUN/2022 – ITA No. 1934/PUN/2019 2009-10 The Dy. CIT Circle 5, Pune Dharamsheel N. Naik, HUF 878 SDhukrawar Peth, Pune-411 002 PAN: AAAHN5155M 2. 18/PUN/2022 – ITA No.1942/PUN/2019 2009-10 -do- Shri Kunal Dharamsheel Naik L/H of late Dharamsheel N. Naik 878 Shuskrawear Peth, Pune-411 002 PAN: AIPPN3205r 3. 19/PUN /2022 – ITA No. 1944/PUN/2019 2009-10 -do- Shri Nandlal Naik HUF 878 Shukrawar Peth, Pune- 411 002 PAN: AAFHN3477F APPLICANTS BY: NONE Date of hearing: 02-09-2022 RESPONDERNT BY; Shri M.G. Jasnani Date of pronouncement:09-09-2022 ORDER PER SHRI PARTHA SARATHI CHAUDHURY, JM : These Misc. Applications preferred by the Revenue emanates from consolidated order of the Tribunal in I.T.A. No. 1934/PUN/2019, ITA No. 1942/PUN/2019 and ITA No. 1944/PUN/2019 for A.Y. 2009-10 dated 08-06-2020 as per the Misc. applications. 2. The revenue has preferred these Misc. applications submitting that in the order of the Tribunal the case of the Revenue was dismissed on the ground of low tax effect. The ld. D.R submitted that the tax effect would be more than the prescribed limit of Rs. 50.00 lakhs as per Circular No. 17/2019, dated 08-08- 2019. However, for the sake of clarity the ld. D.R submitted that he would be submitting the definite calculations in each of the cases regarding tax effect. The calculations submitted by the ld. D.R are made part of this order as follows: “The Miscellaneous Applications in the following cases were heard by Hon Tile ITAT, Bench, Pune on 02/09/2022. The Hon'ble Member has requested to furnish details of Tax Effect in these cases. The Tax Effect is submitted on the basis of letter by Addl.CIT, Range-6, Pune addressed to this office. 2 M.A. No. 17 to 19/PUN/2022 Naik goroup SA.Y. 2009-10 Sr.No. Particulars/ Name of assesee Late D.N. Naik L/H Kunal D Naik ITA 1942 (MA 18/PN/22) D.N. Naik (HUF) ITA 1934 (MA 17/PN/22) N.H. Naik (HUF) ITA 1944 (MA 19/PN/22) 1 LTCG determined by the AO u/s 143(3) and revised u/s 154 dt. 31.01.2017 due to DVO’s report 18092495 72287701 72633747 2 Income determined after effect to the order of CIT(A) 13419694 50605998 52807196 3 Difference (1-2) i.e. disputed issue 4672801 21681703 19826551 4 Tax Effect 22.66% (Tax+Surcharge+Edu. Cess) on the disputed issue i.e. col.3 1058856 4913073 4492696 Remark: Tax Effect is below 50 lakhs in all 3 above cases. The above working has also been submitted by the appellant to Hon Tile ITAT, A Bench on 19/05/2022. The same may also kindly be considered in above three cases for Miscellaneous Application. 3. That, as per the calculation submitted by the ld. D.R the tax effect admittedly is below Rs. 50.00 lakhs in all the above mentioned cases. Therefore, there remains no grievance of the revenue with the order of the Tribunal. Hence, these Misc. applications are not maintainable and as such they are dismissed. 4. In the result, all these Misc. applications are dismissed. Order pronounced in the open Court on this 09 th September 2022. 3 M.A. No. 17 to 19/PUN/2022 Naik goroup SA.Y. 2009-10 Order pronounced in the open court on 09 th day of September 2022. Sd/- sd/- (R.S. SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER Pune; Dated, this 09 th day of September 2022 Ankam Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The Pr. CIT- 3, Pune 4. The CIT(A)-4 Pune 5. The D.R. ITAT ‘A’ Bench, 6. Guard File BY ORDER, Sr. Private Secretary, ITAT 4 M.A. No. 17 to 19/PUN/2022 Naik goroup SA.Y. 2009-10 Date 1 Draft dictated on 05-09-2022 Sr.PS 2 Draft placed before author 06-09-2022 Sr.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