Deputy Commissioner of Income-tax, Circle - 2, Nashik V. M/s. Pawar Patkar Constructions Pvt. Ltd., Nashik

MA 39/PUN/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0316 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 30-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K VERMA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / MA NO. 39 /P U N/ 20 1 8 ARISING OUT OF ITA NO. 903 /P U N/20 1 4 ASSESSMENT YEAR : 200 9 - 1 0 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 2, NASHIK ... APPLICANT VS. M/S. PAWAR PATKAR CONSTRUCTIONS PVT. LTD., PLOT NO.43A, SHIVNERI, MAHATMA NAGAR ROAD, NASHIK 422007 ... RESPONDENT PAN: AAIFP9352Q APPLICANT BY : SHRI M.K. VERMA RESPONDENT BY : SHRI C.H. NANIWADEKAR / DATE OF HEARING : 0 7 . 0 9 .201 8 / DATE OF PRONOUNCEMENT: 07 . 0 9 .201 8 / ORDER PER SUSHMA CHOWLA , JM : THE APPLICANT VIDE THIS MISCELLANEOUS APPLICATION IS AGGRIEVED BY THE ORDER PASSED BY THE TRIBUNAL DATED 23.12.2015. 2. THE PRESENT MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE - APPLICANT ON THE GROUND THAT TAX EFFECT IN THE APPE AL FILED BY REVENUE WAS MORE THAN 10 LAKHS. UNDER THE EARLIER CIRCULAR NO.21/2015, DATED 10.12.2005 OF CBDT, THE PRESCRIBED MONETARY LIMIT WAS 10 LAKHS. THE ADDITION IN THE PR ESENT APPEAL WAS OF 30 LAKHS. THE RESPONDENT WAS REGISTERED FIRM AND THE TAX AT THE PREVALENT 2 M A NO. 39 /P U N/20 1 8 RATE WITHOUT SURCHARGE WAS 9 LAKHS I.E. BELOW THE TAX LIMIT PRESCRIBED BY CBDT IN 2015. IN ANY CASE, THE CBDT HAS REVISED THE LIMITS OF LOW TAX EFFECT TO 20 LAKHS VIDE CIRCULAR NO. 3/2018 , DATED 11 . 07 . 2018 . CONSEQUENTLY, THE MISCELLANEOUS APPLICATION FILED BY THE APPLICANT IS DISMISSED. 3 . IN THE RESULT, THE MISCELLANEOUS APPLICATION OF APPLICANT IS DISMISSED. ORDER P RONOUNCED IN OPEN COURT ON THIS 7 TH DA Y OF SEPTEMBER , 201 8 . SD/ - SD/ - ( ANIL CHATURVEDI ) ( SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 7 TH S EPTEMBER , 201 8 . G CVSR / COPY OF THE ORDER IS FORWARDED TO : 1. THE APP LICANT ; 2. THE RESPONDENT; 3. THE CIT(A) - 2, NASHIK ; 4. THE CIT - 2, NASHIK ; 5. THE DR B , ITAT, PUNE; 6. GUARD FILE . / BY ORDER , // TRUE CO PY // / SR. PRIVATE SECRETARY , / ITAT, PUNE