Income Tax Appellate Tribunal - Pune
Acit, Central Circle 1(1), Pune vs M/S. Pragati Aroma Oil Distellers P. ... on 22 October, 2021
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH, 'A' PUNE
BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND
SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER
आयकर अपील सं. / ITA Nos.2586 to 2589/PUN/2012
िनधा रण वष / Assessment Years : 2007-08 to 2010-11
ACIT, Vs. M/s. Pragati Aroma Oil Distillers
Central Circle-1(1), Pvt. Ltd.,
Pune 206, Anand Bhavan 17,
Babugenu Road, Princess Street,
Marine Lines, Mumbai - 400 002
PAN : AAACP2213P
Appellant Respondent
Assessee by Shri Mahaveer Jain
Revenue by Shri S.P. Walimbe
Date of hearing 22-10-2021
Date of pronouncement 22-10-2021
आदेश / ORDER
These four appeals by the Revenue are directed against a common order passed by the ld. CIT(A)-1, Pune on 03-10-2012 in relation to the assessment years 2007-08 to 2010-11.
2. At the outset, the ld. AR submitted that the tax effect in each of the four years under consideration is less than Rs.50.00 lakh. In support of his contention, he filed a chart showing the tax effect below the prescribed monetary limit along with appeal giving effect orders u/s.250 of the Act dated 21-03-2013.
3. The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the Department in Income-tax Cases before various appellate forums. 2
ITA Nos.2586 to 2589/PUN/2012 M/s. Pragati Aroma Oil Distillers Pvt. Ltd. The earlier circular No.03/2018 dated 11-07-2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeals are less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain these appeals.
4. At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that the revised monetary limits so mentioned in Circular No.17/2019 are applicable to all pending appeals. In view of the foregoing discussion, we dismiss the appeals filed by the Revenue. However, it is made clear that if the tax effect in these appeals is found by the AO to be more than the prescribed monetary limit of Rs.50.00 lakh or the case(s) is found to be covered by an exception, it will be open to the Revenue to move the Tribunal for recalling the order.
5. In the result, the appeals are dismissed.
Order pronounced in the Open Court on 22nd October, 2021.
Sd/- Sd/-
(S.S.VISWANETHRA RAVI) (R.S.SYAL)
JUDICIAL MEMBER VICE PRESIDENT
पुणे Pune; िदनां क Dated : 22nd October, 2021 सतीश 3 ITA Nos.2586 to 2589/PUN/2012 M/s. Pragati Aroma Oil Distillers Pvt. Ltd. आदे श की ितिलिप अ ेिषत/Copy of the Order is forwarded to:
1. अपीलाथ / The Appellant;
2. थ / The CIT(A)-1, Pune
3. The PCIT-1, Pune
4. DR, ITAT, 'A' Bench, Pune
5. गाड फाईल / Guard file.
आदे शानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date
1. Draft dictated on 22-10-2021 Sr.PS
2. Draft placed before author 22-10-2021 Sr.PS
3. Draft proposed & placed before JM the second member
4. Draft discussed/approved by JM Second Member.
5. Approved Draft comes to the Sr.PS Sr.PS/PS
6. Kept for pronouncement on Sr.PS
7. Date of uploading order Sr.PS
8. File sent to the Bench Clerk Sr.PS
9. Date on which file goes to the Head Clerk
10. Date on which file goes to the A.R.
11. Date of dispatch of Order.
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