Income-tax Officer, Nashik V. Shri Sanjay Popatrao Dhumne, Nashik

MA 44/PUN/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7265 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 19-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VITTHAL BHOSALE
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, J UDICIAL M EMBER M.A. NO. 44 /PUN/ 2020 ( ARISING OUT OF ITA NO. 1632 /PUN/ 2016 ) / ASSESSMENT YEAR : 2012 - 13 THE INCOME TAX OFFICER, WARD - 1(5), NASHIK. .. /APPLICANT / V/S. SHRI SANJAY POPATRAO DHUMNE SAWARKAR HOSPITAL BUILDING, NEW PANDIT COLONY, NASHIK - 422 002 PAN : AAJPD5141J / RESPONDENT REVENUE BY : SHRI VITTHAL BHOSALE A SSESSEE BY : NONE / DATE OF HEARING : 20 .08 .2021 / DATE OF PRONOUNCEMENT : 31 .0 8 .2021 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE U/S.254(2) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) WITH A PRAYER TO RECALL THE ORDER OF TRIBUNAL DATED 21.02.2019 IN ITA NO.1632/PUN/2016 FOR THE ASSESSMENT YEAR 2012 - 13. 2 M A NO. 44 /PUN/20 20 A.Y. 2012 - 13 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. ONE ADJOURNMENT APPLICATION DATED 19 TH AUGUST, 2021 H AS BEEN RECEIVED THROUGH E - MAIL AND THE SAME IS REJECTED. THE MISCELLANEOUS APPLICATION WAS HEARD AFTER RECORDING THE SUBMISSIONS OF THE LD. DR. 3. THE LD. DR FOR THE REVENUE BY FILING THIS MISCELLANEOUS APPLICATION HAS SUBMITTED THAT THE TRIBUNAL DISMISSED THE REVENUES APPEAL FOR THE ASSESSMENT YEAR 2012 - 13 IN ITA NO.1632/PUN/2016 DATED 21.02.2019 WITHOUT GOING INTO THE MERITS OF THE CASE WHERE THE ASSESSING OFFICER MADE DISALLOWANCE OF DEDUCTION U/S.54F OF THE ACT OF RS.1,00,48,508/ - AND MADE ADD ITION ON ACCOUNT OF INTRODUCTION OF CASH IN CASH BOOK OF RS.24,00,000/ - AND RS.6,00,000/ - AS THE ASSESSEE FAILED TO PROVE/SUBSTANTIATE THE SAME BY PRODUCING COGENT EVIDENCES. THE LD. DR FURTHER SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS CASE IS RS.24, 28,860/ - I.E. ABOVE RS.20,00,000/ - AS PER THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 AND ACCORDINGLY, PRAYED FOR RECALLING THE ORDER OF TRIBUNAL DATED 21.02.2019. 4. WE HAVE HEARD THE SUBMISSIONS OF THE LD. DR AND PERUSED THE ORDER OF THE TRIBUNAL DATED 21.02.2019. THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE REVENUE ON ACCOUNT OF LOW TAX EFFECT AS PRESCRIBED IN CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 WHERE IN MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL WAS AT RS.20 LAKHS. HOWEVER, IN THIS CASE, THE LD. DR SUBMITTED THAT TAX EFFECT INVOLVED IS RS.24,28,860/ - WHICH IS ABOVE RS.20,00,000/ - . WE FIND THAT SUCH MONETARY LIMIT HAS BEEN ENHANCED IN THE RECENT CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 FROM RS.20 LAKHS TO RS.50 LAKHS. THUS, THE TAX EFFECT ON THE ADDITION IN THE INSTANT CASE IS LESS THAN RS.50 LAKHS AS PER CALCULATION /SUBMISSIONS OF THE LD. DR. THEREFORE, THE GROUND ON THE BASIS OF WHICH THE MISCELLANEOUS APPLICATION HAS BEEN FILED 3 M A NO. 44 /PUN/20 20 A.Y. 2012 - 13 BY THE REVENUE HAS NO LEG S TO STAND FOR RECALLING TH E ORDER OF THE TRIBUNAL DATED 21.02.2019 BECAUSE THE REVENUES APPEAL WILL AGAIN FALL UNDER THE LOW TAX EFFECT AS PRESCRIBED IN CBDT CIRCULAR NO.17/2019 (SUPRA.). WE DO NOT FIND ANY APPARENT MISTA KE IN THE ORDER OF THE TRIBUNAL DATED 21.02.2019. 5. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED VIEW THAT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY, THE SAME IS DISMISSED. 6. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED BEING DEVOID OF ANY MERITS. ORDER PRO NOUNCED ON 31 ST DAY OF AUGUST , 20 2 1 . S D/ - S D/ - INTURI RAMA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 31 ST AUGUST , 202 1 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 1, NASHIK . 4. THE PR. CIT - 1, NASHIK. 5. , , , / DR, ITAT, A BENCH, PUNE. 6 . / GUARD FILE. / BY ORDER, // T RUE C OPY // / PRIVATE SECRETARY , / ITAT, PUNE . 4 M A NO. 44 /PUN/20 20 A.Y. 2012 - 13 DATE 1 DRAFT DICTATED ON 20 . 08 .202 1 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 31 . 08 .202 1 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER