DEPUTY COMMISSIONER OF INCOME-TAX, PANVEL CIRCLE, PANVEL vs. M/S. POORNIMA ELECTRICALS, RAIGAD

PDF · subscribers
ITA 1412/PUN/2019Status: DisposedITAT Pune28 June 2022AY 2011-124 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 revised monetary limits are applicable to pending appeals and therefore, it was not inclined to entertain the appeal. The Tribunal also noted that the Revenue's contention regarding exceptions to the monetary limits was not supported by precedent.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than the revised monetary limit for filing appeals by the Department as per CBDT circulars.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect being below the revised monetary limits prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.S. SYAL

For Respondent: Shri Piyush Kumar Singh Yadav

आदेश / ORDER

PER R.S. SYAL, VP :

1.

This appeal by the Revenue is directed against the order passed by the ld. CIT(A)-5, Pune on 17-06-2019 in relation to the assessment year 2011-12.

2.

At the outset, the ld. DR admitted that the tax effect in this case is less than Rs.50.00 lakh.

3.

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 Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, I am not inclined to entertain this appeal.

4.

At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that the revised monetary limits so mentioned in Circular No.17/2019 are applicable to all pending appeals.

5.

As regards the contention of the ld. DR that the additions in this case were made on the basis of information received from the Sales tax department about the assessee indulging in bogus purchases and hence covered under the exception clause of 10(e) of the CBDT’s Instruction No.3/2018, dt. 11-07-2018 as assailed in the grounds of appeal, I find that such a contention has not been countenanced by the Pune Benches of the Tribunal in several cases including ITO vs. M/s Param Marketing (ITA No.1872/PUN/2019 dt.30-01-2020) and ITO vs. Yusuf Gulmmohmmed Patel (ITA No.1852/PUN/2019 dt.30-01-2020).

Not only that, even the Miscellaneous application filed u/s 254(2) on this issue has also been dismissed in DCIT vs. M/s Rang Rasayan (M.A.No.60/PUN/2019 dt. 14-01-2020). No contrary view has been brought to my notice on behalf of the Revenue.

Respectfully following the above precedent, I am not inclined to accept the contention of the Revenue. In view of the foregoing discussion, I dismiss the appeal filed by the Revenue.

6.

In the result, the appeal is dismissed.

Order pronounced in the Open Court on 28th June, 2022.

Recent GST High Court judgments

Search GST case law →