Assistant Commissioner of Income-tax, Dhule V. Keshranand Ginning & Pressing Factory P. Ltd., Dhule

MA 51/PUN/2022

AI Insights

The case involves a Miscellaneous Application (MA No.51/PUN/2022) by the Revenue against the decision of the Income Tax Appellate Tribunal, which initially dismissed an appeal (ITA No. 2303/PUN/2016) due to the tax effect being considered below the Rs. 20 lacs threshold. Upon review, it was conceded by both parties that the tax effect was indeed above Rs. 20 lacs, necessitating a recall of the Tribunal's earlier order. The Tribunal, acknowledging the oversight, restored the appeal to its original number and directed it to be listed for adjudication on its merits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 138117 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 5 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-07-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 15-06-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 29-01-2019
• Laws Referred To: CBDT Circular No. 03/2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUIHAS KULKARNI
• Assessee Lawyers: DIVESH TRIPATHI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE „B‟ BENCHES :: PUNE BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER & DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER MA No.51/PUN/2022 (Arising out of ITA No.2303/PUN/2016) (A.Y. 2012-13) ACIT, Dhule Cirlce, Dhule vs Keshranand Ginning & Pressing Factory Pvt. Ltd., Gut No.526, At Post : Bhamre, Dondaicha, Shindkheda Road, Dondaicha, Tal : Shindkheda, Dist-Dhule Applicant Respondent Assessee by : Shri Divesh Tripathi, AR Revenue by : Shri Suihas Kulkarni, DR Date of hearing : 16/06/2023 Date of pronouncement : 03/07/2023 O R D E R Per PARTHA SARATHI CHAUDHURY, JM: This Misc. Application preferred by the Revenue emanates from the order of Tribunal in ITA No. 2303/PUN/2016, dated 30.07.2018 for A.Y.2012-13. 2. Ld.DR has submitted that the above captioned appeal has been dismissed by the Tribunal by holding that tax effect involved in the appeal is below Rs. 20 lacs, in fact, the monetary limit involved is more than Rs. 20 lac. Therefore, prayed that the order passed in the above appeal may be recalled. Ld.AR has also conceded that the tax effect is more than Rs. 20 lacs. 3. We have heard both the sides and gone through the order of the Tribunal. There is a mistake apparent on the face of the record in MA No.51/PUN/2022 Keshranand Ginning & Pressing Factory P. Ltd. 2 dismissing the Revenue‟s appeal as the tax effect involved in the present appeal is more than Rs. 20 lac. and as per the CBDT‟s Circular No. 03/2018, dated 11/07/2018, the appeal is maintainable for adjudication on merits of the case. Therefore, the order passed in ITA No. 2303/PUN/2016 dated 30/07/2018 is recalled and restored to its original number. Registry is directed to list this appeal in due course after serving notices to both the parties. Therefore, the grounds raised by the Revenue in this Misc. Application are allowed. 4. In the result, Misc. Application filed by the Revenue is allowed. Order pronounced in open Court on 03 rd July, 2023. Sd/- Sd/- (DIPAK P. RIPOTE) (PARTHA SARATHI CHAUDHURY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 03 rd July, 2023 vr/- Copy to : 1. The Appellant. 2. The Respondent. 3. The Pr. CIT concerned. 5. The DR, ITAT, “B” Bench Pune. 6. Guard File. By Order // TRUE COPY // Senior Private Secretary ITAT, Pune.