INCOME-TAX OFFICER vs. SYNOPSIS (INDIA) PVT. LTD., (FORMERLY: INGOT SYSTEMS P. LTD.,), BANGALORE

PDF · subscribers
ITA 1942/PUN/2014Status: DisposedITAT Pune25 July 2018AY 2010-113 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The Tribunal dismissed the Revenue's appeal as withdrawn/not pressed due to its contravention of the CBDT circular. The assessee's cross objections were also dismissed as not pressed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect in dispute was below the revised monetary limit set by a CBDT circular. The assessee also filed cross objections.

What were the issues?

Whether the Revenue's appeal should be dismissed for not meeting the revised monetary limits prescribed by the CBDT circular. Whether the assessee's cross objections were pressed.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

For Appellant: Shri K. Srinivas, Shri Achal Sharma
Hearing: 25.07.2018Pronounced: 25.07.2018

Heard together (2 matters)

ITA No.1942/PUN/2014
CO No.11/PUN/2017

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / ORDER

PER SUSHMA CHOWLA, JM:

The appeal filed by Revenue is against order of CIT(A)-IT/TP, Pune, dated 20.08.2014 relating to assessment year 2010-11 against order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’). The assessee filed Cross Objections against the appeal of Revenue.

2.

The appeal filed by Revenue and Cross Objections filed by the assessee were heard together and are being disposed of by this consolidated order for the sake of convenience.

3.

The CBDT vide Circular No.3/2018, dated 11.07.2018 has revised the monetary limits for filing of appeals by the Department before the Tribunal with retrospective effect. The tax effect in dispute in the captioned appeal is stated to be below the monetary limit of ₹ 20.00 lakhs specified in the CBDT Circular dated 11.07.2018 (supra).

4.

In this background, the learned Departmental Representative for the Revenue was required to state his position; he has not referred to any material which would show that the captioned appeal is protected by any of the exceptions provided in para 10 of the Circular (supra).

5.

Without going into the merit of the issues raised in the captioned appeal, this appeal is deemed to be withdrawn/not pressed as its filing is in contravention of the CBDT Circular dated 11.07.2018 (supra). Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the

ITA No.1942/PUN/2014 3 CO No.11/PUN/2017 Synopsis (India) Pvt. Ltd.

appeal is protected by the exceptions prescribed in para 10 of the Circular (supra).

6.

In conclusion, by applying the CBDT Circular dated 11.07.2018 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

7.

The Cross Objection filed by the assessee is not pressed by the learned Authorized Representative for the assessee and hence the same is dismissed as not pressed.

8.

In the result, the appeal of Revenue and Cross Objections of assessee are dismissed.

Order pronounced in open Court on this 25th day of July, 2018.

Sd/- Sd/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक Dated : 25th July, 2018. GCVSR आदेश की प्रयतलऱपप अग्रेपषत/Copy of the Order is forwarded to : अऩीऱाथी / The Appellant; 1. प्रत्यथी / The Respondent; 2. आयकर आयुक्त(अऩीऱ) / The CIT(A)-IT/TP, Pune; 3. 4. The DIT(TP/IT), / CIT-I, Pune; ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, ऩुणे “ए” / DR 5. ‘A’, ITAT, Pune; 6. गार्ड पाईऱ / Guard file. आदेशािुसार/ BY ORDER, सत्यावऩत प्रतत //True Copy// वररष्ठ तनजी सधिव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण ,ऩुणे / ITAT, Pune

Recent GST High Court judgments

Search GST case law →