INCOME TAX OFFICER vs. M/S. ATHARV BIO FUEL, KOLHAPUR

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ITA 132/PUN/2017Status: DisposedITAT Pune09 April 2018AY 2013-143 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 filed by the Revenue was not maintainable due to low tax effect. The CBDT's instructions specify a minimum tax effect for appeals to be filed before the Tribunal.

What were the facts?

The Revenue filed an appeal against an order allowing a deduction under Section 80JJA. The assessee pointed out that the tax effect of the appeal was below the threshold prescribed by the CBDT for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable considering the low tax effect as per CBDT instructions.

Which sections of the Income-tax Act were involved?

Section 80JJA,Section 143(3)

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri Mukesh Jha
For Respondent: Shri M.K. Kulkarni
Hearing: 09.04.2018Pronounced: 09.04.2018

आदेश / ORDER

PER SUSHMA CHOWLA, JM:

The appeal filed by Revenue is against order of CIT(A)-2, Kolhapur, dated 04.11.2016 relating to assessment year 2013-14 against order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

2.

The learned Authorized Representative for the assessee at the outset pointed out that the total assessed income in the hands of assessee is

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₹ 27,16,160/-. He further pointed out that the issue raised in the present appeal filed by the Revenue is against allowability of deduction claimed under section 80JJA of the Act at ₹ 26,84,824/-. He then pointed out that the appeal effect in the present appeal of Revenue was below the tax effect as provided by the CBDT.

3.

The learned Departmental Representative for the Revenue on the other hand, fairly admitted that the appeal of Revenue to be dismissed because of low tax effect.

4.

We have heard the rival contentions and perused the record. The appeal of Revenue is not maintainable because of low tax effect. The CBDT vide its revised instruction No.21 of 2015, dated 10.12.2015 have provided revised limits for filing the appeals before the Tribunal and other Forums. The limit as provided in the said Circular for filing the appeal before the Tribunal is where the tax effect involves tax of ₹ 10 lakhs or more. The perusal of record reveals tax effect in the present appeal is below the limit prescribed by the CBDT. Hence, the appeal filed by the Revenue is dismissed.

5.

In the result, appeal of Revenue is dismissed.

Order pronounced in open Court on this 9th day of April, 2018.

Sd/- Sd/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक Dated : 9th April, 2018. GCVSR

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आदेश की प्रयतलऱपप अग्रेपषत/Copy of the Order is forwarded to : 1. अऩीऱाथी / The Appellant; 2. प्रत्यथी / The Respondent; 3. आयकर आयुक्त(अऩीऱ) / The CIT(A)-2, Kolhapur; 4. The Pr.CIT-2, Kolhapur; ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, ऩुणे, एक-सदस्य 5. मामऱा / DR ‘SMC’, ITAT, Pune; गार्ड पाईऱ / Guard file. 6. आदेशािुसार/ BY ORDER, सत्यावऩत प्रतत //True Copy// वररष्ठ तनजी सधिव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण ,ऩुणे / ITAT, Pune

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