Income-tax Officer, V. Lonavala Construction Pvt. Ltd., Pune

MA 28/PUN/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4134 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 9 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-03-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-03-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 07-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HITENDRA NINAWE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE , . . , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI R.K. PANDA, AM . /MA NO. 2 8 /PN/ 20 1 5 ARISING OUT OF ITA NO. 1329 /PN/20 1 0 ASSESSMENT YEAR : 200 3 - 0 4 THE INCOME TAX OFFICER , WARD 9 ( 4 ), PUNE ... APPLICANT VS. LONAVALA CONSTRUCTION PVT. LTD., G - 191, TILAK ROAD, LONAVALA, PUNE. ... RESPONDENT PAN: A AACL29 26M ITA NO. 1329 /PN/201 0 ASSESSMENT YEAR: 200 3 - 0 4 THE INCOME TAX OFFICER , WARD 9 (4), PUNE . APPELLANT VS. LONAVALA CONSTRUCTION PVT. LTD., G - 191, TILAK ROAD, LONAVALA, PUNE. . RESPONDENT PAN: A AACL2926M APPLICANT REVENUE BY : SHRI HITENDRA NINAWE RESPONDENT ASSESSEE BY : NONE / DATE OF HEARING : 1 8 . 0 3 .201 6 / DATE OF PRONOUNCEMENT: 18 .0 3 .201 6 / ORDER PER SUSHMA CHOWLA , JM : THE APPLICANT REVENUE HAS PREFERRED THE PRESENT MISCELLANEOUS APPLICATION AGAINST THE ORDER OF TRIBUNAL IN ITA NO . 1329 /PN/20 1 0 RELATING TO ASSESSMENT YEAR 200 3 - 0 4 , ORDER DATED 2 0 . 0 1 .201 2 . 2 M A NO. 2 8 /PN/20 1 5 ARISING O UT OF ITA NO. 1329 /PN/ 20 1 0 & ITA NO. 1329 /PN/20 1 0 2. THE REVENUE IN THE MISCELLANEOUS APPLICATION IS AGGRIEVED BY THE ORDER OF TRIBUNAL IN DISMISSING THE APPEAL OF THE REVENUE HAVING LOW TAX EFFECT, IN TURN, RELYING ON CBDTS INS TRUCTION NO. 3 OF 201 1 , DATED 09 .0 2 .201 1 . THE GRIEVANCE OF THE REVENUE WAS THAT SINCE THE SAID INSTRUCTION CAME INTO OPERATION ON OR AFTER 09 .0 2 .201 1 AND HENCE, THE SAID CIRCULAR WAS TO GOVERN THE APPEALS WHICH WERE FILED ON OR AFTER 09 .0 2 .201 1 . HOWEVER, SINCE THE CAPTIONED APPEAL WAS FILED BEFORE THE SAID DATE, EARLIER CIRCULAR NO. 5 /20 08 , DATED 15 .0 5 .20 08 , ACCORDING TO WHICH, MONETARY LIMITS WE RE RS. 2 LAKHS, WAS APPLICABLE. 3. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APP LICATION WAS MOVED FOR ADJOURNMENT AND IN VIEW OF THE FACTS AND CIRCUMSTANCES, WE PROCEED TO DECIDE THE PRESENT MISCELLANEOUS APPLICATION AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE. 4. ADMITTEDLY, INSTRUCTION NO. 3 OF 201 1 , DATED 09 .0 2 .201 1 , UNDER WHICH, THE 4. ADMITTEDLY, INSTRUCTION NO. 3 OF 201 1 , DATED 09 .0 2 .201 1 , UNDER WHICH, THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL WAS RAISED TO RS. 3 LAKHS, WAS APPLICABLE TO APPEALS FILED ON OR AFTER 09 .0 2 .201 1 , IN VIEW OF THE RATIO LAID DOWN BY THE HONBLE BOMBAY HIGH COURT IN CIT VS. MADHUKAR K. INAMDAR (HUF) REPORTED IN 318 ITR 149 (BOM) AND CIT VS. PITHWA ENGINEERING WORKS REPORTED IN 276 ITR 519 (BOM) . THE APPEAL OF THE REVENUE WAS FILED PRIOR TO THE SAID CIRCULAR AND THE PROVISIONS OF EARLIER CIRCULAR WERE APPLICABLE AND IN VIEW THEREOF, WE RECALL THE ORDER OF TRIBUNAL DATED 2 0 .0 1 .201 2 AND PLACE THE APPEAL FOR ADJUDICATION. ITA NO. 1329 /PN/201 0 5. THE CAPTIONED APPEAL IS RECALLED BY THE ORDER OF EVEN DATE ON ACCOUNT OF THE APPLICABILITY OF CIRCULAR ISSUED BY CBDT VIS - A - VIS THE APPEALS TO BE FILED BEFORE THE TRIBUNAL HAVING THE REQUISITE TAX EFFECT. HOWEVER, THE CBDT ON 10.12.2015 HAS ISSUED CIRCULAR NO. 21/2015, UNDER WHICH THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE 3 M A NO. 2 8 /PN/20 1 5 ARISING O UT OF ITA NO. 1329 /PN/ 20 1 0 & ITA NO. 1329 /PN/20 1 0 TRIBUNAL HAS BEEN ENHANCED TO RS.10 LAKHS AND THE SAID LIMIT WOULD BE APPLICABLE NOT ONLY TO ALL FUTURE TAX LITIGATIONS BUT EVEN TO THE PENDING APPEALS WHERE THE TAX INVOLVED IN THE APPEALS DOES NOT EXCEED RS.10 LAKHS AND THE SAME SHAL L NOT BE PRESSED OR WITHDRAWN. ADMITTEDLY, IN THE PRESENT CASE, THE TAX EFFECT IS LESS THAN THE PRESCRIBED MONETARY LIMIT FIXED BY THE CBDT VIDE CIRCULAR NO.21/2015, DATED 10.12.2015 . ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED. 6 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE APPLICANT REVENUE IS ALLOWED AND THE APPEAL OF THE REVENUE IS DISMISSED . ORDER P RONOUNCED IN THE OPEN COURT ON THIS THE 18 TH DAY OF MARCH , 201 6 . SD/ - SD/ - ( R.K. PANDA ) ( SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 18 TH MARCH , 201 6 . GCVSR GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APP LICANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - V , PUNE ; 4. / THE CIT - V , PUNE ; 5. , , / DR B, ITAT, PUNE; 6. / GUARD FILE . / BY ORDER, // TRUE COPY // // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE