DEPUTY COMMISSIONER OF INCOME-TAX, PUNE vs. M/S. SHALAKA INFRA TECH (INDIA) P. LTD., PUNE

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ITA 1221/PUN/2017Status: DisposedITAT Pune13 September 2019AY 2010-114 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal, in light of CBDT Circular No. 17/2019 which revised the monetary limit for filing appeals to Rs. 50.00 lakh, was not inclined to entertain the appeals. The cross-objection filed by the assessee was rendered infructuous.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2010-11 and 2011-12. The tax effect in these appeals was admitted by the Revenue to be less than Rs. 50.00 lakh.

What were the issues?

Whether the appeals filed by the Revenue should be entertained given the revised monetary limits for appeal filing as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Pankaj Garg &, Shri Sudhendu Das
For Respondent: Shri Hari Krishan

Heard together (2 matters)

ITA No.1221/PUN/2017
C.O. No.27/PUN/2018

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / ORDER

PER BENCH :

These two appeals by the Revenue are directed against the

separate orders of the Commissioner of Income-tax (Appeals) dated

12.01.2017 & 02.05.2017 respectively in relation to the assessment

years 2010-11 & 2011-12. Assessee has also filed the cross-

objection against the appeal by the Revenue for the A.Y. 2011-12.

It has been fairly admitted by the ld. DR that the tax effect in these

two appeals is less than Rs.50.00 lakh

2.

Recently, the CBDT has issued circular No.17/2019 dated

08-08-2019 revising upward the monetary limits for filing of

appeals by the Department in Income-tax Cases before various

appellate forums. The earlier circular No.03/2018 dated 11-07-2018

fixed monetary limit for filing of appeals by the Revenue before the

Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the

recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect

in the instant appeals is less than the revised monetary limit of

Rs.50.00 lakh, we are not inclined to entertain the appeals of the

Revenue.

3 M/s. Shalaka Infra Tech Pvt. Ltd., A.Yrs. 2010-11 & 2011-12

3.

In view of the foregoing discussion, we dismiss the appeals

filed by the Revenue. The Cross objection filed by the assessee has

become infructuous.

4.

In the result, the appeals of the Revenue and cross objection of

the assessee stands dismissed.

Order pronounced in the Open Court on 13th September, 2019.

Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 13th September, 2019 सतीश

आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to: क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. 3. The CIT(A)-2, Pune/CIT(A)-4, Pune 4. The Pr.CIT-1, Pune/Pr. CIT-3, Pune िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे 5. “B” / DR ‘B’, ITAT, Pune; 6. गाड� फाईल / Guard file. आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार

// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune

M/s. Shalaka Infra Tech Pvt. Ltd., A.Yrs. 2010-11 & 2011-12

Date 1. Draft dictated on 12-09-2019 Sr.PS 2. Draft placed before author 12-09-2019 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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