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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI VIKAS AWASTHY, JM
आदेश / ORDER
PER VIKAS AWASTHY, JM
The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeal)-2, Nashik dated 09.03.2017 for the assessment year 2009-10.
2 ITA No.1394/PUN/2017 A.Y.2009-10
Shri Pramod Shingte appearing on behalf of the assessee submitted at
the outset that the appeal of the Revenue is liable to be dismissed on account
of low tax effect in terms of recent CBDT Circular No.3/2018, dated
11.07.2018. The ld. Counsel for the assessee has furnished working of tax
effect involved in the appeal.
Shri Sudhendu Das representing the Department fairly admitted that
in the present appeal by the Department tax effect is less than Rs.20 Lakhs.
Both sides heard. The Revenue is in appeal against the order of
Commissioner of Income Tax(Appeal) in deleting the addition of
Rs.35,00,000/- made by the Assessing Officer on account of plot sale
receipts. 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 issues
raised in the appeal, in view of the CBDT Circular the present appeal of the
Revenue is dismissed on account of low tax effect.
Before parting, it is clarified 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.1394/PUN/2017 A.Y.2009-10
In the result, appeal of the Revenue is dismissed.
Order pronounced in the open Court on Monday, the 17th day of September, 2018.
Sd/- (�वकास अव�थी /VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER
पुणे / Pune; �दनांक / Dated : 17th September, 2018 SB आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to :
अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The CIT(Appeal)-2, Nashik. 4. The Pr. CIT-2, Nashik. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “एक-सद�य” ब�च, 5. पुणे / DR, ITAT, “SMC” Bench, Pune. गाड� फ़ाइल / Guard File. 6.
// True Copy // आदेशानुसार / BY ORDER,
�नजी स�चव / Private Secretary आयकर अपील�य अ�धकरण, पुणे / ITAT, Pune.