ITO, WARD-12(4), PUNE vs. WALMIK AGROTECH PRIVATE LIMITED, AUNDH

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ITA 1919/PUN/2019Status: DisposedITAT Pune14 June 2022AY 2010-112 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 noted that the tax effect was below the revised monetary limit for filing appeals by the department. Therefore, the appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for Assessment Year 2010-11. The tax effect in the appeal was Rs. 4,72,109/-.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the prescribed monetary limit for appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH,

Before: SHRI R S SYAL & SHRI S.S.GODARA

For Appellant: Shri C.V.Deshpande – AR
For Respondent: Shri M.G.Jasnani – DR
Hearing: 31/05/2022Pronounced: 14/06/2022

ORDER

PER S.S.Godara, JM:

1.

This Revenue’s appeal for A.Y.2010-11 is directed against the Commissioner of Income Tax(Appeals), Pune-5’s order dt 23.09.2019 in case no. PN/CIT (5)-5/DCIT, (HQ)(IV), Pune/169/2014-15 in proceedings u/s 143(3) r.w.s 147 of the Income Tax Act, in short “the Act”.

2.

Learned AR submitted at the outset that the tax effect in the instant appeal is Rs.4,72,109/- only as per the relevant column in Form 36 herein. We thus quote the CBDT’s 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 had fixed monetary limit for filing of appeals by the Revenue before the tribunal at Rs.20.00 lakhs

A.Y. 2010-11 Walmik Agrotech Private Limited R) which stands enhanced in the Circular dated 08-08-2019 to Rs.50.00 lakhs qua all pending appeals as well. All these facts have gone unresulted from the Revenue side.

5.

This Revenue’s appeal is dismissed for involving lower than the prescribed tax effect in above terms. Order pronounced in the open Court on 14th June, 2022.

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