ASSISTANT COMMISSIONER OF INCOME-TAX vs. HARBINGER KNOWLEDGE PRODUCTS PVT. LTD., PUNE

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ITA 1541/PUN/2016Status: DisposedITAT Pune14 August 2018AY 2011-123 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 dismissed the appeal filed by the Revenue. This was based on the CBDT Circular No. 3/2018, which raised the monetary limit for filing appeals by the Department to Rs. 20 lakhs.

What were the facts?

The Revenue filed an appeal against the deletion of an addition made by the Assessing Officer under Section 10A. The tax effect involved in the appeal was less than Rs. 20 Lakhs.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed due to low tax effect as per CBDT Circular No. 3/2018.

Which sections of the Income-tax Act were involved?

Section 10A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri C.H. Naniwadekar
For Respondent: Shri Ashok Babu

आदेश / ORDER

PER VIKAS AWASTHY, JM :

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-1, Pune dated 28-04-2016 for the assessment year 2011-12.

2 ITA No. 1541/PUN/2016, A.Y. 2011-12

2.

Shri C.H. Naniwadekar 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.

3.

Shri Ashok Babu representing the Department fairly admitted that in the present appeal by the Department tax effect is less than Rs.20 Lakhs.

4.

Both sides heard. The Revenue is in appeal against the order of Commissioner of Income Tax (Appeal) in deleting the addition of Rs.41,46,660/- made by the Assessing Officer by disallowing assessee’s claim u/s. 10A of the Act. 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.

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. 1541/PUN/2016, A.Y. 2011-12

6.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court at the time of hearing on Tuesday, the 14th day of August, 2018.

Sd/- Sd/- (डी. करुणाकरा राव/D. Karunakara Rao) (ववकास अवस्थी / Vikas Awasthy) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 14th August, 2018 RK आदेश की प्रयिलऱवऩ अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A)-1, Pune 3. 4. The Pr. CIT-1, Pune ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, “ए” बेंच, 5. ऩुणे / DR, ITAT, “A” Bench, Pune. गाडड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रयत // True Copy// आदेशानुसार / BY ORDER,

यनजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

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