The Income-tax Officer, Ward- 2(3), Pune v. Pratik Anil Nikam
[Citation -2019-LL-0822-28]

Citation 2019-LL-0822-28
Appellant Name The Income-tax Officer, Ward- 2(3), Pune
Respondent Name Pratik Anil Nikam
Court ITAT-Pune
Relevant Act Income-tax
Date of Order 22/08/2019
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags monetary limit • low tax effect
Bot Summary: On perusal of record, it transpires that tax effect in the present set of appeals is less than 50 lakhs. The learned Authorized Representative for the ITA No.1810/PUN/2017 Ors 4 Pratik A. Nikam Ors assessee pointed out that because of revision in the monetary limit in filing the appeals by the Department before the Tribunal, the present appeals would not be maintainable. The learned Departmental Representative for the Revenue fairly conceded that tax effect in the present appeals is less than 50 lakhs. We proceed to decide the appeals on the surmise that because of revision in monetary limits for filing of appeals before the Tribunal i.e. where the monetary limits have been enhanced to 50 lakhs in each of the appeals vide Circular, no appeal is maintainable where the tax effect is less than 50 lakhs. The enhancement in the monetary limits is squarely applicable not only to the appeals to be filed but also applies retrospectively. The proposition laid down by the Ahmedabad Bench of Tribunal in ITO Vs. Dinesh Madhavlal Patel in ITA No.1398/Ahd/2004, relating to assessment year 1998-99 and 627 others, vide consolidated order dated 14.08.2019, held that enhancement limits would not only apply to the appeals to be filed in future but it is also equally applicable to the appeals pending for disposal as on now. The Hon'ble Supreme Court in the case of CIT Vs. M/s. Hongkong and Shanghai Banking Corporation Ltd. in Special Leave Petition Diary No.25086/2019, vide judgment dated 16.08.2019 has also applied the provisions of said Circular to an appeal pending before it and dismissed the same on account of low tax effect i.e. less than revised limit of 2 crores.


IN INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM ITA No.1810/PUN/2017 Assessment Year : 2008-09 Income Tax Officer, Ward 2(3), Pune Appellant Vs. Shri Pratik Anil Nikam, S.No.68/2, Chandrama Bungalow, Sangamwadi, Khadki, Pune 411003 Respondent PAN: AERPN4165Q ITA No.1814/PUN/2017 Assessment Year : 2008-09 Income Tax Officer, Ward 2(3), Pune Appellant Vs. Smt. Radhika Balasaheb Nikam, S.No.68/2, Chandrama Bungalow, Sangamwadi, Khadki, Pune 411003 Respondent PAN: AERPN4159A ITA No.1810/PUN/2017 & Ors 2 Pratik A. Nikam & Ors ITA No.1841/PUN/2017 Assessment Year : 2008-09 Income Tax Officer, Ward 2(3), Pune Appellant Vs. Shri Balasaheb Sadashiv Nikam, S.No.68/2, Chandrama Bungalow, Sangamwadi, Khadki, Pune 411003 Respondent PAN: ACYPN8839L ITA No.1852/PUN/2017 Assessment Year : 2008-09 Income Tax Officer, Ward 2(3), Pune Appellant Vs. Smt. Shama Anil Nikam, S.No.68/2, Chandrama Bungalow, Sangamwadi, Khadki, Pune 411003 Respondent PAN: ADTPN8547K Appellant by : Shri Sheshank Deogadkar Respondent by : Shri B.C. Malakar ITA No.1810/PUN/2017 & Ors 3 Pratik A. Nikam & Ors ITA No.1868/PUN/2017 Assessment Year : 2011-12 Dy. Commissioner of Income Tax, Circle 3, Pune . Appellant Vs. M/s. Amcon Constructions, Office No.209/B, 2nd Floor, City Mall, University Road, Shivajinagar, Pune 411005 Respondent PAN: AARFA4175B / Appellant by : Shri Sudhendu Das Respondent by : None // Date of Hearing : 13.08.2019 Date of Pronouncement: 22.08.2019 20.08.2019 ORDER PER SUSHMA CHOWLA, JM: Out of this bunch of appeals, four appeals filed by Revenue are against consolidated order of CIT(A)-3, Pune, dated 06.03.2017 relating to assessment year 2008-09 against respective orders passed under section 143(3) r.w.s. 147 of Income-tax Act, 1961 (in short Act ). Revenue has also filed appeal in case of M/s. Amcon Constructions against order of CIT(A)-3, Pune, dated 14.03.2017 relating to assessment year 2011-12 against order passed under section 143(3) r.w.s. 147 of Act. 2. present bunch of appeals filed by Revenue were taken up for hearing. On perusal of record, it transpires that tax effect in present set of appeals is less than 50 lakhs. learned Authorized Representative for ITA No.1810/PUN/2017 & Ors 4 Pratik A. Nikam & Ors assessee pointed out that because of revision in monetary limit in filing appeals by Department before Tribunal, present appeals would not be maintainable. In this regard, he placed reliance on CBDT Circular No.17/2019. 3. Despite service, none appeared on behalf of assessee in case of M/s. Amcon Constructions. However, since tax effect involved is less than monetary limits prescribed by CBDT (supra), we proceed to decide same also after hearing learned Departmental Representative for Revenue. 4. learned Departmental Representative for Revenue fairly conceded that tax effect in present appeals is less than 50 lakhs. 5. We have heard rival contentions and perused record. We proceed to decide appeals on surmise that because of revision in monetary limits for filing of appeals before Tribunal i.e. where monetary limits have been enhanced to 50 lakhs in each of appeals vide Circular (supra), no appeal is maintainable where tax effect is less than 50 lakhs. We have perused assessment records and find that in all cases, tax effect is admittedly, less than 50 lakhs. enhancement in monetary limits is squarely applicable not only to appeals to be filed but also applies retrospectively. proposition laid down by Ahmedabad Bench of Tribunal in ITO Vs. Dinesh Madhavlal Patel in ITA No.1398/Ahd/2004, relating to assessment year 1998-99 and 627 others, vide consolidated order dated 14.08.2019, held that enhancement limits would not only apply to appeals to be filed in future but it is also equally applicable to appeals pending for disposal as on now. It may also be pointed out that CBDT has further vide ITA No.1810/PUN/2017 & Ors 5 Pratik A. Nikam & Ors letter dated F.No.279/Misc/M-93/2018-ITJ(Pt), dated 20th August, 2019 has clarified that said Circular would apply to pending appeals also. 6. Hon'ble Supreme Court in case of CIT Vs. M/s. Hongkong and Shanghai Banking Corporation Ltd. in Special Leave Petition (Civil) Diary No.25086/2019, vide judgment dated 16.08.2019 has also applied provisions of said Circular to appeal pending before it and dismissed same on account of low tax effect i.e. less than revised limit of 2 crores. In view thereof, we hold that present appeals are not maintainable because of low tax and same are dismissed. 7. In result, all appeals of Revenue are dismissed. Order pronounced on this 22nd day of August, 2019. Sd/- Sd/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune; Dated : 22nd August, 2019. GCVSR Copy of Order is forwarded to : 1. Appellant; 2. Respondent; 3. CIT(A)-3, Pune; 4. Pr.CIT-2, Pune; 5. DR B , ITAT, Pune; 6. Guard file. BY ORDER, //True Copy// Sr. Private Secretary , ITAT, Pune Income-tax Officer, Ward- 2(3), Pune v. Pratik Anil Nikam
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