Paras Bhomraj Oswal, Kolhapur V. Assistant Commissioner of Income-tax,

MA 9/PUN/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4604 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 14-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HITENDRA NINAWE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE , . . , ! ' BEFORE MS. SUSHMA CHOWLA, JM AND SHRI R.K. PANDA, A M ## $ . / MA NOS.09, 10 & 11/PN/2016 ARISING OUT OF ITA NOS.562, 563 & 565/PN/2013 ASSESSMENT YEARS : 2006-07, 2007-08 & 2009-10 SHRI PARAS BHOMRAJ OSWAL, PROP. M/S POOJA BUILDERS AND DEVELOPERS, 2804, B WARD, MANGALWAR PETH, KOLHAPUR. ... APPLICANT PAN: AABPO1487C VS. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLHAPUR ... RESPONDENT APPLICANT BY : SHRI M. K. KULKARNI RESPONDENT BY : SHRI HITENDRA NINAWE / DATE OF HEARING : 08.07.2016 / DATE OF PRONOUNCEMENT: 13.07.2016 % / ORDER PER SUSHMA CHOWLA, JM : THE THREE MISCELLANEOUS APPLICATIONS ARE FILED BY THE APPLICANT AGAINST THE ORDER OF TRIBUNAL IN ITA NOS.561 TO 565/PN/2013 RELATING TO ASSESSMENT YEARS 2005-06 TO 2009-10, ORDER DATED 29.11.2013. 2 MA NOS.09, 10 &11/PN/2016 2. THE PLEA OF THE APPLICANT BEFORE US WAS THAT THE PERUSAL OF THE APPEALS OF THE REVENUE WOULD REFLECT THAT THE TAX EFFECT IN ALL TH E APPEALS WAS LESS THAN RS.10 LAKHS AND IN VIEW OF REVISION OF MONETARY LIMITS FOR FILI NG THE APPEALS BEFORE THE TRIBUNAL VIDE CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER, 2015, THE PRESENT APPEALS FILED BY THE REVENUE SHOULD BE DISMISSED. REQUEST WAS MADE TO RECALL THE ORDER FOR FRESH ADJUDICATION WHERE THE APPEALS OF THE REVENUE WERE NOT DECIDED ON MERITS BUT WERE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR F URTHER INVESTIGATION. 3. SHRI M. K. KULKARNI APPEARED ON BEHALF OF THE AS SESSEE AND SHRI HITENDRA NINAWE APPEARED ON BEHALF OF THE REVENUE. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE GRIEVANCE OF THE APPLICANT IN THE PRESENT MISCELLANEOUS APPLICAT IONS WAS THAT SINCE THE MONETARY LIMITS FOR FILING THE APPEALS BEFORE THE TRIBUNAL H AVE BEEN REVISED VIDE CBDT CIRCULAR NO.21/2015 (SUPRA), THE APPEALS DECIDED BY THE TRIB UNAL ON 29.11.2013 NEED TO BE RECALLED AND DISMISSED IN VIEW OF THE REVISED MONET ARY LIMITS. WE FIND NO MERIT IN THE CLAIM OF THE APPLICANT IN THIS REGARD. THE REVISIO N OF MONETARY LIMITS FOR FILING THE APPEALS BY THE CBDT CIRCULAR NO.21/2015 (SUPRA) IS IN RESPECT OF THE APPEALS TO BE FILED BEFORE THE TRIBUNAL OR THE HONBLE SUPREME COURT OR THE HONBLE HIGH COURT AFTER THE SAID DATE. HOWEVER, THE SAID INSTRUCTIONS HAVE BEE N MADE APPLICABLE TO THE PENDING APPEALS AND ALSO TO THE APPEALS TO BE FILED HENCEFO RTH BEFORE THE HONBLE HIGH COURT/TRIBUNAL. THE CBDT HAS DIRECTED THAT THE PEN DING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 MAY BE WITHDRAWN/NOT PRESSED. HOWEVER, IN THE PRESENT CASE, THE APPEALS FILED BY THE REVENUE RELATING TO ASSESSMENT YEARS 2005-06 TO 2009-10 HAVE ALREADY BEEN ADJUDICATED BY THE TRIBUNAL VIDE ORDER DATED 29.11.2013, UNDER WHICH THE ISSUE HAS BEEN RESTORED BACK TO THE FILE OF THE ASS ESSING OFFICER. AS ON THE DATE, WHEN THE CBDT CIRCULAR (SUPRA) REVISING THE MONETARY LIM ITS FOR FILING THE APPEALS BY THE DEPARTMENTS BEFORE THE TRIBUNAL WAS PASSED ON 10 TH DECEMBER, 2015, NO APPEALS OF THE REVENUE WERE PENDING. CONSEQUENTLY, WE FIND NO MERIT IN THE PLEA OF THE ASSESSEE 3 MA NOS.09, 10 &11/PN/2016 IN THIS REGARD SINCE THE CBDT HAS ISSUED INSTRUCTIO NS TO APPLY THE REVISED MONETARY LIMITS VIS--VIS THE APPEALS TO BE FILED BEFORE THE HONBLE HIGH COURT OR THE TRIBUNAL AND ALSO TO THE PENDING APPEALS; BUT ONCE AN APPEAL HAS BEEN DECIDED BY THE TRIBUNAL, THE SAME CANNOT BE SAID TO BE PENDING AND HENCE THE PRE SENT MISCELLANEOUS APPLICATIONS FILED BY THE APPLICANT ARE DISMISSED. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FI LED BY THE APPLICANT ARE DISMISSED. ORDER PRONOUNCED ON THIS THE 13 TH DAY OF JULY, 2016. SD/- SD/- ( R.K. PANDA ) ( SUSHMA CHOWLA ) ! / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 13 TH JULY, 2016 . % & '()# *#( / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPLICANT; 2. / THE RESPONDENT; 3. ! ! ' ( ) / THE CIT(A), KOLHAPUR; 4. ! ! ' / THE CIT-II, KOLHAPUR; 5. #$% &&'( , ! '( , ) / DR B, ITAT, PUNE; 6. %*+ , / GUARD FILE. %$ / BY ORDER, # & // TRUE COPY // - ./ & '0 / SR. PRIVATE SECRETARY ! '( , / ITAT, PUNE