Jt. Commissioner of Income-tax (OSD), Circle – 7, Pune v. Tranter India Pvt. Ltd
[Citation -2019-LL-0903-104]

Citation 2019-LL-0903-104
Appellant Name Jt. Commissioner of Income-tax (OSD), Circle – 7, Pune
Respondent Name Tranter India Pvt. Ltd.
Court ITAT-Pune
Relevant Act Income-tax
Date of Order 03/09/2019
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags low tax effect • monetary limit • depreciation on goodwill
Bot Summary: Shri Manoj Solanki appearing on behalf of the assessee submitted at the outset that the appeal of the Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No. 17/2019, dated 08-08-2019. AR furnished working of tax effect involved in the appeal. Ms. Shabana Parveen representing the Department fairly admitted that in the present appeal by the Department tax effect is less than Rs.50 Lakhs. The Revenue is in appeal against the order of Commissioner of Income Tax in deleting the additions made by the Assessing Officer at Rs.1,00,31,606/- on account of depreciation on goodwill. Undisputedly, the tax effect involved in appeal is less than the monetary limit prescribed by the recent CBDT Circular No. 17/2019, dated 08-08-2019 for filing of appeals before the Tribunal by the Department. The CBDT vide circular dated 08-08-2019 has amended Para 3 of Circular No. 3 of 2018 dated 11-07-2018 thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50 Lakhs for filing of appeals by the Department before the Tribunal. Thus, without going into merit of the issues raised in the appeal, in view of the CBDT Circular the present appeal of the Revenue is dismissed on account of low tax effect.


IN INCOME TAX APPELLATE TRIBUNAL BENCH, PUNE BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM ITA No.09/PUN/2018 / Assessment Year : 2014-15 Jt. Commissioner of Income Tax (OSD), Circle 7, Pune Appellant V/s. Tranter India Pvt. Ltd., Gat No. 127 & 128, Dingrajwadi, Tal.-Shirur, Off Pune Nagar Road, Pune 412208 PAN : AAFCA4598P / Respondent Assessee by : Shri Manoj Solanki Revenue by : Ms. Shabana Parveen / Date of Hearing : 28-08-2019 / Date of Pronouncement : 03-09-2019 / ORDER PER VIKAS AWASTHY, JM : appeal has been filed by Revenue against order of Commissioner of Income Tax (Appeals)-5, Pune dated 11-09-2017 for assessment year 2014-15. 2 ITA No.09/PUN/2018, A.Y. 2014-15 2. Shri Manoj Solanki appearing on behalf of assessee submitted at outset that appeal of Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No. 17/2019, dated 08-08-2019. ld. AR furnished working of tax effect involved in appeal. According to working, tax effect is Rs.34,04,777/- including surcharge and Cess. Thus, tax effect on additions deleted by Commissioner of Income Tax (Appeals) is less than Rs.50 Lakhs. 3. Ms. Shabana Parveen representing Department fairly admitted that in present appeal by Department tax effect is less than Rs.50 Lakhs. 4. Both sides heard. Revenue is in appeal against order of Commissioner of Income Tax (Appeal) in deleting additions made by Assessing Officer at Rs.1,00,31,606/- on account of depreciation on goodwill. Undisputedly, tax effect involved in appeal is less than monetary limit prescribed by recent CBDT Circular No. 17/2019, dated 08-08-2019 for filing of appeals before Tribunal by Department. CBDT vide circular dated 08-08-2019 (supra) has amended Para 3 of Circular No. 3 of 2018 dated 11-07-2018 thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50 Lakhs for filing of appeals by Department before Tribunal. Thus, without going into merit of issues raised in appeal, in view of CBDT Circular (supra) present appeal of Revenue is dismissed on account of low tax effect. 5. Before parting, we clarify here that Revenue shall be at liberty to approach Tribunal for restoration of appeal, with requisite material to show that appeal is protected by exceptions prescribed in Para 3 ITA No.09/PUN/2018, A.Y. 2014-15 10 of Circular dated 11-07-2018 and its amendment dated 20-08-2018. 6. In result, appeal of Revenue is dismissed. Order pronounced on Tuesday, 03rd day of September, 2019. Sd/- Sd/- (D. Karunakara Rao) (Vikas Awasthy) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / Pune; / Dated : 03rd September, 2019 RK / Copy of Order forwarded to : 1. / Appellant. 2. / Respondent. 3. CIT(A)-5, Pune. 4. Commissioner of Income Tax-4, Pune. 5. DR, ITAT, Bench, Pune. 6. / Guard File. True Copy BY ORDER, / Private Secretary, , / ITAT, Pune Jt. Commissioner of Income-tax (OSD), Circle 7, Pune v. Tranter India Pvt. Ltd
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