Indian Kanoon - Search engine for Indian Law

Income Tax Appellate Tribunal - Pune

Assistant Commissioner Of Income-Tax, ... vs M/S. A.C.Shaikh Contractor,, ... on 24 June, 2020

     IN THE INCOME TAX APPELLATE TRIBUNAL
       PUNE BENCH "B", PUNE - VIRTUAL COURT

      BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND
 SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER

                      ITA No. 3092/PUN/2017
              ननधधारण वषा / Assessment Year : 2013-14

 ACIT,                       Vs.      M/s. A.C. Shaikh Contractor,
 Ahmednagar Circle,                   Gulshan Bunglow,
 Ahmednagar                           Burudgaon Road,
                                      Ahmednagar - 414 001
                                      PAN : AANFA2734J
          Appellant                           Respondent

     Assessee by                None
     Revenue by                 Shri Alok Malviya

     Date of hearing            23-06-2020
     Date of pronouncement      24-06-2020

                           आदेश / ORDER

This appeal by the Revenue arises out of the order passed by the CIT(A)-2, Pune on 20-10-2016 in relation to the assessment year 2013-14.

2. There is no appearance from the side of the assessee despite notice. However, it has been fairly admitted by the ld. DR that the tax effect in this appeal is less than Rs.50.00 lakh. 2 ITA No.3092/PUN/2017

M/s. A.C. Shaikh Contractor

3. Recently, 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. 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 recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal.

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. Not only that, it has further been directed to the competent authorities to withdraw all such appeals on or before 31-10-2019. However, it is made clear that if the tax effect in this particular appeal is more than the prescribed monetary limit of Rs.50.00 lakh or the case is covered by an exception, it will be open to the Revenue to move the Tribunal for taking necessary action.

ITA No.3092/PUN/2017

M/s. A.C. Shaikh Contractor

5. In view of the foregoing discussion, we dismiss the appeal filed by the Revenue.

6. In the result, the appeal is dismissed.

Order pronounced in the Open Court on 24th June, 2020.

           Sd/-                                        Sd/-
(PARTHA SARATHI CHAUDHURY)                          (R.S.SYAL)
   JUDICIAL MEMBER                                VICE PRESIDENT

पपणे Pune; ददनधांक Dated : 24th June, 2020 सतऩश आदेश की प्रनतनिनप अग्रेनषत/Copy of the Order is forwarded to:

1. अपऩिधथी / The Appellant;

2. प्रत्यथी / The Respondent;

3. The CIT(A)-2, Pune

4. The Pr. CIT-1, Pune

5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे "बी" / DR „B‟, ITAT, Pune

6. गार्ड फाईल / Guard file आदेशधनपसधर/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune 4 ITA No.3092/PUN/2017 M/s. A.C. Shaikh Contractor Date

1. Draft dictated on 23-06-2020 Sr.PS

2. Draft placed before author 23-06-2020 Sr.PS

3. Draft proposed & placed JM before the second member

4. Draft discussed/approved JM by Second Member.

5. Approved Draft comes to Sr.PS the 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.

*