DEPUTY COMMISSIONER OF INCOME-TAX, PUNE vs. M/S. BOSCH CHASSIS SYSTEMS INDIA PVT.LTD, PUNE

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ITA 1110/PUN/2017Status: DisposedITAT Pune11 July 2019AY 2012-133 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 dismissed the Revenue's appeal solely on the grounds of low tax effect, as it fell below the monetary limit prescribed by the CBDT circular. The Revenue can seek restoration if exceptions apply.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order restricting a disallowance under Section 14A. The tax effect of the appeal was admitted to be less than Rs. 20 Lakhs.

What were the issues?

Whether an appeal by the Revenue should be dismissed due to low tax effect, irrespective of the merits, based on CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI ANIL CHATURVEDI, AM & SHRI VIKAS AWASTHY, JM

For Respondent: Shri K.K. Ojha

आदेश / ORDER

PER VIKAS AWASTHY, JM :

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-1, Pune dated 27-02-2017 for the assessment year 2012-13.

2.

Shri K.K. Ojha representing the Department fairly admitted that in the present appeal by the Department tax effect is less than Rs.20 Lakhs.

2 ITA No.1110/PUN/2017, A.Y. 2012-13

3.

We have heard the submissions of ld. DR and have perused the material available on record. The Revenue is in appeal against the order of Commissioner of Income Tax (Appeal) in restricting the disallowance u/s. 14A r.w. Rule 8D to Rs.2,60,884/- as against disallowance of Rs.41,46,000/- made by Assessing Officer. Apart from above, no other issue is raised in the appeal by Revenue. Prima-facie, the tax effect involved in appeal is less than the monetary limit prescribed by the CBDT Circular for filing of appeals before the Tribunal by the Department. The CBDT vide Circular No. 3/2018, dated 11-07-2018 has raised the monetary limit of tax effect for filing of appeals by the Department before the Tribunal to Rs.20 lakhs. The Circular applies to the appeals to be filed by the Department in future as well as the appeals pending before the Tribunal. Without going into merits of the issue raised in the appeal, the present appeal of the Revenue is dismissed on account of low tax effect.

4.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for restoration of appeal, with the requisite material to show that the appeal is protected by the exceptions prescribed in Para 10 of the Circular (supra).

5.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court at the time of hearing on Thursday, the 11th day of July, 2019.

Sd/- Sd/- (अननऱ चतुवेदी / Anil Chaturvedi) (ववकास अवस्थी / Vikas Awasthy) ऱेखा सदस्य / ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 11th July, 2019. RK

3 ITA No.1110/PUN/2017, A.Y. 2012-13

आदेश की प्रनतलऱवऩ अग्रेवर्त / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A)-1, Pune 3. 4. The Pr. Commissioner of Income Tax-1, Pune ववभागीय प्रनतननधध, आयकर अऩीऱीय अधधकरण, “बी” बेंच, 5. ऩुणे / DR, ITAT, “B” Bench, Pune. गार्ड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रनत // True Copy// आदेशानुसार / BY ORDER,

ननजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

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