ACIT Cir 2, Jalgaon V. Nyati Infrastructure P Ltd, Bhusawal

MA 27/PUN/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2200 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-06-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 14-02-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 26-04-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER M.A. NO.27/PN/2013 ARISING OUT OF ITA NO.585/PN/2011 (A.Y: 2006-07) DCIT, CIRCLE-2, JALGAON APPLICANT VS. NYATI INFRASTRUCTURE PVT. LTD., JAYSHREE BUNGALOW, SAHAKAR NAGAR, BEHIND TECHNICAL HIGH SCHOOL, BHUSAWAL, DIST. JALGAON PAN: AAACN1716H RESPONDENT APPLICANT BY : SHRI S.P. WALIMBE RESPONDENT BY : SHRI NIKHIL PATHAK DATE OF HEARING : 23-05-2014 DATE OF PRONOUNCEMENT : 02-06-2014 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS MISCELLANEOUS APPLICATION HAS BEEN MOVED BY T HE REVENUE ARISING OUT OF ORDER OF THE TRIBUNAL IN ITA NOS.585/PN/2011 DATED 20-06-2012. 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS SUBMITTED, INTER ALIA, THAT THE REVENUES APPEAL IN ITA NO.585/PN/2011 WAS DISMISSED BY THE TRIBUNAL VIDE O RDER DATED 20.06.2012 BASED ON THE CBDTS INSTRUCTION NO.3/2011, DATED 09.02.2011 AS THE TAX INVOLVED WAS FOUND BELOW THE MONETARY LIMIT OF 3 LACS PRESCRIBED BY IT. IN THIS REGARD, THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS SUBMITTED THAT, IN FACT THE TAX EFFECT IS 3,01,003/-, WHICH IS MORE THAN MONETARY LIMITED PRESCRIBED BY THE BOA RD FOR FILING THE APPEAL BEFORE ITAT. THIS FACT HAS NOT B EEN DISPUTED BY THE LEARNED AUTHORIZED REPRESENTATIVE. SO, IN THE INTEREST OF JUSTICE, WE RECALL OUR ORDER IN ITA NO.585/PN/2011, DATED 20.06.2012 AND THE REGISTRY I S DIRECTED TO FIX THE MATTER ON 18.08.2014. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS THE DAY 2 ND OF JUNE, 2014. SD/- SD/- (G.S. PANNU) (SHAILENDRA KUMAR YA DAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE, DATED 2 ND JUNE, 2014 GCVSR COPY TO:- 1) ASSESSEE 2) DEPARTMENT 3) THE CIT(A)-II, NASHIK 4) THE CIT, NASHIK 5) THE DR, B BENCH, I.T.A.T., PUNE. 6) GUARD FILE BY ORDER //TRUE COPY// SENIOR PRIVATE SECRETARY, ITAT, PUNE.