DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. PARADISE CONSTRUCTION, PUNE

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ITA 1493/PUN/2016Status: DisposedITAT Pune17 July 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 held that the appeal was liable to be dismissed as the tax effect was below the monetary limit prescribed by the CBDT circular for filing appeals before the Tribunal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order allowing the assessee's claim for deduction under Section 80IB(10). The tax effect involved in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed monetary limit should be dismissed.

Which sections of the Income-tax Act were involved?

Section 80IB(10)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

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

For Respondent: Shri Mukesh Jha

आदेश / ORDER

PER VIKAS AWASTHY, JM :

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-5, Pune dated 16-03-2016 for the assessment year 2011-12.

2.

The Notice of appeal was issued to the assessee on 05-04-2018 for 15-05-2018 through RPAD. On the said date the appeal was adjourned to 17-07-2018. None has appeared on behalf of the assessee.

2 ITA No. 1493/PUN/2016, A.Y. 2011-12

3.

Shri Mukesh Jha representing the Department fairly admitted that in the present appeal by the Department tax effect is less than Rs.20 lakhs.

4.

We have heard the submissions made by the ld. DR and perused the orders of authorities below. The Revenue is in appeal against the order of Commissioner of Income Tax (Appeals) in allowing assessee’s claim of deduction Rs.48,47,627/- u/s. 80IB(10) of the Act. Undisputedly, the tax effect involved in appeal is less than the monetary limit prescribed by recent CBDT 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. Thus, in view of the CBDT circular the present appeal of the Revenue is liable to be dismissed on account of low tax effect.

5.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court at the time of hearing on Tuesday, the 17th day of July, 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 : 17th July, 2018 RK

3 ITA No. 1493/PUN/2016, A.Y. 2011-12

आदेश की प्रयिलऱवऩ अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A)-5, Pune 3. 4. The Pr. Commissioner of Income Tax-4, Pune ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, “बी” बेंच, 5. ऩुणे / DR, ITAT, “B” 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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