Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R.S. SYAL & SHRI VIKAS AWASTHY
PER R.S.SYAL, VP :
The present appeal by the Revenue is directed against the order passed by the CIT(A)-1, Nashik on 24-02-2010 in relation to the Block Period 1988-89 to 1998-99.
During the course of hearing, the ld. AR submitted that pursuant to the mandate of section 268A, the CBDT has issued
2 ITA No.665/PUN/2010 Shri Manohar Bhikchand Agrawal
Circular No. 03 of 2018, dated 11th July, 2018 with
retrospective effect, revising the monetary limit to
Rs.20,00,000/- for not filing appeals before the Tribunal. He
further submitted that as the tax effect involved in the instant
appeal is less than Rs.20,00,000/-, the extant appeal is not
maintainable. The ld. D.R., although supported the order of
the Assessing Officer, but could not controvert the fact that tax
effect involved in this appeal is less than Rs.20,00,000/-. In
fact, the ld. DR has himself filed a computation showing tax
effect of Rs.6,60,000/- in this appeal, which is below the
prescribed limit.
We have heard the parties and perused the relevant
material on record. Going by the prescription of the aforenoted
Circular, it is palpable that the Instruction is applicable to the
pending appeals also with retrospective effect and there is a
clear-cut direction to the Department to withdraw or not press
such appeals filed before the ITAT, wherein tax effect is less
than Rs.20,00,000/-. We are, therefore, of the view that the
Revenue should have either not filed the instant appeal before
the Tribunal or withdrawn the same as the tax effect in this
3 ITA No.665/PUN/2010 Shri Manohar Bhikchand Agrawal
appeal is admittedly less than the stipulated amount.
Accordingly, we dismiss the instant appeal without going into
merits of the case.
In the result, the appeal of the Revenue stands dismissed.
Order pronounced in the Open Court on 20th November, 2018.
Sd/- Sd/- (VIKAS AWASTHY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 20th November, 2018 सतीश आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to: आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत आदेश आदेश 1. अपीलाथ� / The Appellant; ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-1, Nashik आयकर आयु� / The CIT-1, Nashik 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “ए” 5. / DR ‘A’, ITAT, Pune; गाड� फाईल / Guard file. // True copy // 6.
आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार
// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
ITA No.665/PUN/2010 Shri Manohar Bhikchand Agrawal
Date 1. Draft dictated on 20-11-18 Sr.PS 2. Draft placed before author 20-11-18 3. Draft proposed & placed before the second member 4. Draft discussed/approved by Second Member. 5. Approved Draft comes to the Sr.PS/PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order.
*