The Deputy Commissioner of Income-tax, Circle-6, Pune v. Dhanlaxmi
[Citation -2019-LL-0909-2]

Citation 2019-LL-0909-2
Appellant Name The Deputy Commissioner of Income-tax, Circle-6, Pune
Respondent Name Dhanlaxmi
Court ITAT-Pune
Relevant Act Income-tax
Date of Order 09/09/2019
Assessment Year 2013-14
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: Date of Hearing 09.09.2019 Date of Pronouncement 09.09.2019 ORDER PER PARTHA SARATHI CHAUDHURY, JM This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeals)-4, Pune dated 06.02.2017 for the assessment year 2013-14 as per the grounds of appeal on record. 142/2007-ITJ, dated 08-08-2019 read with Circular No.3 of 2018 dated 11.07.2018 has revised the upward monetary limits for filing of appeals in Income Tax Cases before various Appellate Forums. The earlier CBDT Circular No.03/2019 dated 11.07.2018 fixed monetary limit for filing of appeals before the Tribunal at Rs.20 Lakhs. Such limit has been enhanced in the recent CBDT Circular dated 08.08.2019 from Rs.20 lakhs to Rs. 50 Lakhs. 142/2007-ITJ dated 08-08-2019 read with Circular No.3 of 2018 dated 11.07.2018 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 appeals by the Department before the Tribunal. 4 ITA No. 1355/PUN/2017 A.Y.2013-14 Date 1 Draft dictated on 09.09.2019 Sr.PS/PS 2 Draft placed before author 09.09.2019 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order.


IN INCOME TAX APPELLATE TRIBUNAL BENCH, PUNE BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM ITA No.1355/PUN/2017 Assessment Year 2013-14 Deputy Commissioner of Income Tax, Circle-6, Pune. Appellant V/s. M/s.Dhanlaxmi, 845, Shriram Apartments, Guruwar Peth, Pune-411 042. PAN: AABFD1325J Respondent Assessee by None Revenue by Shri Swapnil Patil. Date of Hearing 09.09.2019 Date of Pronouncement 09.09.2019 ORDER PER PARTHA SARATHI CHAUDHURY, JM This appeal preferred by Revenue emanates from order of Ld. CIT(Appeals)-4, Pune dated 06.02.2017 for assessment year 2013-14 as per grounds of appeal on record. 2 ITA No. 1355/PUN/2017 A.Y.2013-14 2. CBDT Circular No.17/2019 [F No.279/Mise.142/2007-ITJ (Pt)], dated 08-08-2019 read with Circular No.3 of 2018 dated 11.07.2018 has revised upward monetary limits for filing of appeals in Income Tax Cases before various Appellate Forums. earlier CBDT Circular No.03/2019 dated 11.07.2018 fixed monetary limit for filing of appeals before Tribunal at Rs.20 Lakhs. Such limit has been enhanced in recent CBDT Circular dated 08.08.2019 from Rs.20 lakhs to Rs. 50 Lakhs. 3. Ld. DR fairly admitted that in present appeal by Department tax effect is less than Rs.50 Lakhs. 4. We have perused case records and heard submissions of Ld. DR. Undisputedly, tax effect involved in this appeal is less than monetary limit prescribed by recent CBDT Circular No.17/2019 [F No.279/Mise.142/2007-ITJ (Pt)] dated 08-08-2019 read with Circular No.3 of 2018 dated 11.07.2018 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 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 10 of Circular dated 11-07-2018 and its amendment dated 20-08-2018. 3 ITA No. 1355/PUN/2017 A.Y.2013-14 6. In result, appeal of Revenue is dismissed. Order pronounced on 09th day of September, 2019. Sd/- Sd/- D. KARUNAKARA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER Pune Dated 09th September, 2019. SB Copy of Order forwarded to 1. Appellant. 2. Respondent. 3. CIT(Appeals)-4, Pune. 4. Pr. CIT-3, Pune. 5. DR, ITAT, Bench, Pune. 6. Guard File. BY ORDER, Private Secretary, ITAT, Pune. 4 ITA No. 1355/PUN/2017 A.Y.2013-14 Date 1 Draft dictated on 09.09.2019 Sr.PS/PS 2 Draft placed before author 09.09.2019 Sr.PS/PS 3 Draft proposed and placed JM/AM before second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which file goes to Head Clerk 10 Date on which file goes to A.R 11 Date of dispatch of order Deputy Commissioner of Income-tax, Circle-6, Pune v. Dhanlaxmi
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