DCIT, Circle -1, Jalgaon V. M/s. Bhalchandra Prabhakar Patil (HUF), Jalgaon

MA 36/PUN/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2501 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-08-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 19-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S SHABANA PARVEEN
• Assessee Lawyers: MRS DEEPA KHARE
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / MA NO. 36 /PUN/201 9 (ARISING OUT OF ITA NO . 1180 /PUN/201 6 ) / ASSESSMENT YEAR : 20 12 - 13 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE - 1, JALGAON ....... / APP LICANT / V/S. M/S. BHALCHANDRA PRABHAKAR PATIL (HUF), PLOT NO.F - 23, MIDC, JALGAON 425003 PAN: AACHP2472F / RESPONDENT ASSESSEE BY : MRS . DEEPA KHARE REVENUE BY : M R S. SHABANA PARVEEN / DATE OF HEARING : 30 - 0 8 - 2019 / DATE OF PRONOUNCEMENT : 30 - 0 8 - 2019 / ORDER PER VIKAS AWASTHY, JM : TH IS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE U/S. 254(2) O F THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) RECALLING THE ORDER OF TRIBUNAL DATED 1 1 - 09 - 2018 VIDE WHICH APPEAL OF 2 MA NO. 36 /PUN/2019, A.Y. 20 12 - 13 REVENUE IN ITA NO . 1180 /PUN/201 6 FOR THE ASSESSMENT YEAR 20 12 - 13 WAS DISMISSED ON ACCOUNT OF LOW TAX EFFECT . 2. M R S. SHABANA PARVEEN REPRESENTING THE DEPARTMENT SUBMITTED THAT THE TRIBUNAL DISMISSED THE APPEAL OF REVENUE ON ACCOUNT OF LOW TAX EFFECT IN THE LIGHT OF CBDT CIRCULAR NO.3/2018, DATED 11 - 07 - 2018. THE TAX EFFECT INVOLVED IN THE APPEAL IS MORE THAN RS.20 LAKHS, THEREFORE, THERE IS MISTAKE IN THE ORDER OF TRIBUNAL. THE LD. DR PRAYED FOR RECALLING THE ORDER DATED 11.09.2018. 3. MRS. DEEPA KHARE APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOL VED IN THE APPEAL WAS LESS THAN RS.20 LAKHS, CALCULATION SHEET WAS SUBMITTED TO THAT EFFECT. IN ANY CASE, NOW THE DEPARTMENT HAS ISSUED A RECENT CIRCULAR NO.17/2019, DATED 08.08.2019, WHEREBY MONETARY LIMIT FOR FILING THE APPEALS BY DEPARTMENT BEFORE THE T RIBUNAL HAS BEEN INCREASED TO RS.50 LAKHS. THEREFORE, THE APPEAL OF REVENUE, IS LIABLE TO BE DISMISSED IN VIEW OF RECENT CIRCULAR . 4. BOTH SIDES HEARD. THE REVENUE HAS FILED MISCELLANEOUS APPLICATION FOR RECALLING OF THE ORDER IN ITA NO.1180 /PUN/2016 (S UPRA) ON THE GROUND THAT IT HAS BEEN WRONGLY DISMISSED ON ACCOUNT OF LOW TAX EFFECT. THE CBDT VIDE CIRCULAR NO.3/2018, DATED 11.07.2018 HAD FI X ED MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL AT RS.20 LAKHS. REC ENTLY, CBDT VIDE CIRCULAR NO.17/2019 (SUPRA) HAS ENHANCED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL TO RS.50 LAKHS. AS PER THE DEPARTMENT, TAX EFFECT INVOLVED IN THE 3 MA NO. 36 /PUN/2019, A.Y. 20 12 - 13 APPEAL IS RS.20,25,063/ - . THE APPEAL OF DEPARTMENT IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT, IN VIEW OF CBDT CIRCULAR OF 2019 (SUPRA) . WE DO NOT FIND ANY MERIT IN THE MISCELLANEOUS APPLICATION FILED BY THE DEPARTMENT. ACCORDINGLY, THE SAME IS DISMISSED. 5 . IN THE RESULT, MISCELLANEOUS APPL ICATION FILED BY REVENUE IS DISMISSED. ORDER PRONOUNCED ON FRIDAY, T HE 3 0 TH DAY OF AUGUST , 2019. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 3 0 T H AUGUST , 2019. GCVSR / COPY OF THE ORDER FORWARDED TO : 1. THE APP LICANT . 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 2 , NASHIK 4. THE PR. COMMISSIONER OF INCOME TAX - 2 , NASHIK 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / / // TRUE COPY// / BY ORDER, / SR. PRIVATE SECRETARY , / ITAT, PUNE