Assistant Commissioner of Income tax, Sangli V. Jsons Foundry Pvt. Ltd., Sangli

MA 262/PUN/2022

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7854 (ITAT-PUNE)
• Duration Of Justice: 5 year(s) 4 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-04-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-02-2024
• Assessment Year: 2011-2012
• Appeal Filed On: 07-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI GD PADMAHSHALI, ACCOUNTANT MEMBER M.A.Nos.262 & 263/PUN./2022 Arising out of I.T.A.Nos.1361 & 1362/PUN./2017 Assessment Years 2011-2012 & 2012-2013 The ACIT, Circle-1, Sangli. Maharashtra. vs. Jasons Foundry P. Ltd., Plot No.G-13, MIDC, Kuwad Block, Kupwad, Tal. Miraj, Sangli-416436 PAN AAACJ6740K (Applicant) (Respondent) For Revenue : Shri Sourabh Nayak, Addl. CIT For Assessee : Shri Sachin Kumar Date of Hearing : 15.03.2024 Date of Pronouncement : 15.04.2024 ORDER PER SATBEER SINGH GODARA, A.M. : These Revenue’s twin miscellaneous applications M.A.Nos.262 and 263/PUN./2023 filed in it’s corresponding main appeals ITA.Nos.1361 & 1362/PUN./2017 for assessment years 2011-2012 & 2012-2013 respectively, seeks to recall/rectify the tribunal’s common order dated 27.07.2018 applying the CBDT’s circular dated 11.07.2018 prescribing the tax effect of Rs.20 lakhs for the purpose of filing appeals in this tribunal. Heard both the parties. Case files perused. 2. Mr. Nayak vehemently argued that our impugned order has indeed committed an apparent mistake whilst taking tax effect less than of Rs.20 lakhs in both these appeals. We failed to reverse 2 M.A.Nos.262 & 263/PUN./2022 our impugned order dated 27.07.2018 as the very tax limit has been enhanced to Rs.50 lakhs as per the revised tax effect circular issued by CBDT no.17/2019 dated 08.08.2019. That being the case, we hardly see any merit in the Revenue’s instant miscellaneous applications in very terms. 3. These Revenue’s twin Miscellaneous applications M.A.Nos.262 & 263/PUN./2022 are dismissed in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open Court on 15.04.2024. Sd/- Sd/- [GD PADMAHSHALI] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 15 th April, 2024 VBP/- Copy to 1. The applicant 2. The respondent 3. The CIT(A), Pune concerned. 4. The Pr. CIT, Pune concerned. 4. D.R. ITAT, Pune “A” Bench, Pune. 5. Guard File. //By Order// //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.