ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 13, PUNE vs. M/S.VANDERLANDE INDUSTRIES PVT.LTD, PUNE

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ITA 8/PUN/2018Status: DisposedITAT Pune28 June 2019AY 2012-134 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 held that the appeal was to be dismissed on account of low tax effect, as it fell below the revised monetary limit set by the CBDT.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in this appeal was less than the revised monetary limit of Rs. 20 lakhs prescribed by CBDT Circular No. 3/2018 for filing appeals by the Department.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect based on a revised CBDT circular.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI ANIL CHATURVEDI, AM & SHRI PARTHA SARATHI CHAUDHURY, JM

For Respondent: Shri Vishwas Mundhe
Hearing: 27.06.2019Pronounced: 28.06.2019

आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM :

This appeal preferred by the Revenue emanates from the order of the Ld. Commissioner of Income Tax (Appeals), Pune-5, Pune dated 25.09.2017 for the assessment year 2012-13 as per the grounds of appeal on record.

2 ITA No.08 /PUN/2018 A.Y.2012-13

2.

The CBDT vide Circular No.3/2018, dated 11.07.2018 has revised the monetary limits for filing of appeals by the Department before the Tribunal with retrospective effect. As per the Circular (supra), the monetary limit of tax effect for filing appeals before the Tribunal by the Department has been raised to Rs.20 lakhs.

3.

The Ld. DR fairly admitted that in the present appeal by the Department tax effect is less than Rs.20 Lakhs.

4.

We have perused the case record and heard the submissions of the Ld. DR. Undisputedly, the tax effect involved in appeal is less than the monetary limit prescribed by the recent 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 merit of the grounds raised in the appeal, in view of the CBDT Circular (supra.), the present appeal of the Revenue is dismissed on account of low tax effect.

5.

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).

3 ITA No.08 /PUN/2018 A.Y.2012-13

6.

In the result, appeal of the Revenue is dismissed.

Order pronounced on 28th day of June, 2019.

Sd/- Sd/- ANIL CHATURVEDI PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 28th June, 2019. SB आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT (Appeals), Pune-5, Pune. 4. The Pr. CIT, Pune-4, Pune. , आयकर अऩीऱीय अधधकरण, “ए” बेंच, 5. ववभागीय प्रतततनधध ऩुणे / DR, ITAT, “A” Bench, Pune. गार्ड फ़ाइऱ / Guard File. 6.

// True Copy // आदेशानुसार / BY ORDER,

तनजी सधचव / Private Secretary आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune.

4 ITA No.08 /PUN/2018 A.Y.2012-13

Date 1 Draft dictated on 27.06.2019 Sr.PS/PS 2 Draft placed before author 27.06.2019 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the 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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