JOINT COMMISSIONER OF INCOME-TAX vs. SHRI SHRIRAM PRABHAKAR RANADE, PUNE

PDF · subscribers
ITA 1190/PUN/2016Status: DisposedITAT Pune24 July 2018AY 2009-103 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 due to low tax effect, as it was below the revised monetary limit set by CBDT Circular No. 3/2018.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting a penalty. The tax effect in the appeal was Rs. 18,03,015.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

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 Appellant: Shri Aditya Dastane
For Respondent: Dr. Vivek Aggarwal

आदेश / ORDER

PER VIKAS AWASTHY, JM :

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-6, Pune dated 17-02-2016 for the assessment year 2009-10.

2.

Shri Aditya Dastane appearing on behalf of the assessee submitted at the outset that the appeal of the Revenue is liable to be dismissed on

2 ITA No. 1190/PUN/2016, A.Y. 2009-10

account of low tax effect in terms of recent CBDT Circular No. 3/2018, dated 11-07-2018.

3.

Dr. Vivek Aggarwal 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 (Appeals) in deleting the penalty levied u/s. 271(1)(c) of the Act. Undisputedly, the tax effect involved in appeal is Rs.18,03,015/-, which is less than the monetary limit prescribed by 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. 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 24th 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 : 24th July, 2018 RK

3 ITA No. 1190/PUN/2016, A.Y. 2009-10

आदेश की प्रयिलऱवऩ अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A)-6, Pune 3. 4. The Pr. Commissioner of Income Tax-5, 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

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →