Assistant Commissioner of Income-tax, Circle - 10, Pune V. Sandhu Roadlines Pvt. Ltd., Pune

MA 74/PUN/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0300 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-12-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 25-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• 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 M A NO. 7 4 /P U N/201 8 ARISING OUT OF ITA NO. 1 753 /PN/201 4 ASSESSMENT YEAR : 20 07 - 08 THE ASST . COMMISSIONER OF INCOME TAX, CIRCLE 10 , PUNE . APP LICANT VS. SANDHU ROADLINES PVT. LTD., OFFICE NO.309, HOTEL JEE BUILDING, NASHIK PHATA, KASARWADI, PUNE 411034 . RESPONDENT PAN : A A LCS1536M ITA NO. 1753/P U N/2014 ASSESSMENT YEAR : 2007 - 08 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 10, PUNE . APP ELLANT VS. SANDHU ROADLINES PVT. LTD., OFFICE NO.309, HOTEL JEE BUILDING, NASHIK PHATA, KASARWADI, PUNE 411034 . RESPONDENT PAN : A ALCS1536M ASSESSEE BY : NONE REVENUE BY : SHRI SUDHENDU DAS / DATE OF HEARING : 0 7 . 1 2 .201 8 / DATE OF PRONOUNCEMENT: 11 . 1 2 .201 8 2 M A NO. 7 4 /P U N/201 8 ITA NO.1753/PUN/2014 / ORDER PER SUSHMA CHOWLA, JM : THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS APPLICATION AGAINST THE ORDER OF TRIBUNAL DATED 30 . 12 .201 5 . 2. NONE APPEARED ON BEHALF OF ASSESSEE, BUT BECAUSE OF SMALLNESS OF ISSUE, MATTER WAS HEARD EX - PARTE THE ASSESSEE. 3. THE REVENUE - APPLICANT HAS FILED THE PRESENT MISCELLANEOUS APPLICATION POINTING OUT THAT TAX EFFECT IN THE CASE WAS 10,70,000/ - I.E. ABOVE THE LIMIT PRESCRIBED AS PER CBDT CIRCULAR NO.21/2015, DATED 10.12.2015. THE REVENUE - APPLICANT HAS CALCULATED THE TAX EFFECT INVOLVED ON ACCO UNT OF VARIOUS GROUNDS OF APPEAL TOTALING 10,70,000/ - . 4 . ON PERUSAL OF MISCELLANEOUS APPLICATION AND APPEAL FOLDER, IT TRANSPIRES THAT THE TAX EFFECT IN THE PRESENT APPEAL IS ABOVE 10 LAKHS AND HENCE THE ORDER OF TRIBUNAL IS RECALLED. 5 . WE FURTHE R FIND THAT THE CBDT VIDE CIRCULAR NO. 3/2018, DATED 11.07.2018 HAS REVISED THE MONETARY LIMITS FOR DISPOSING THE APPEALS FILED BY REVENUE AND THE PRESENT LIMIT IS FIXED AT 20 LAKHS. SINCE THE TAX EFFECT IN THE PRESENT APPEAL IS 3 M A NO. 7 4 /P U N/201 8 ITA NO.1753/PUN/2014 10,70,000/ - I.E. LESS THAN 20 LAKHS, APPEAL FILED BY REVENUE IS DISMISSED FOR LOW TAX EFFECT. 6 . IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY REVENUE IS ALLOWED AND THE APPEAL IN ITA NO.1753/PUN/2014 FILED BY REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 11 TH DAY OF DEC EM BER , 201 8 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 11 TH DECEMBER , 201 8 . 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. THE DR B , ITAT, PUNE; 6. GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE