Sandhu Roadlines Pvt.Ltd,, Pune v. Assistant Commissioner of Income-tax, Circle - 10,, Pune

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH PUNE BEFORE SHRI D. KARUNAKARA RAO AM AND SHRI PARTHA SARATHI CHAUDHURY JM . / ITA NO.2174/PUN/2017 / ASSESSMENT YEAR : 2013-14 ACIT CIRCLE-10 PUNE. ....... / APPELLANT / V/S. SANDHU ROADLINES PVT. LTD. D-1(B WING) 1 ST FLOOR GHANWAT PLAZA CHAKAN TALEGAON ROAD PUNE-410501. PAN : AALCS1536M / RESPONDENT C.O. NO.39/PUN/2019 (ARISING OUT OF ITA NO.2174/PUN/2017) / ASSESSMENT YEAR : 2013-14 SANDHU ROADLINES PVT. LTD. D-1(B WING) 1 ST FLOOR GHANWAT PLAZA CHAKAN TALEGAON ROAD PUNE-410501. PAN : AALCS1536M ....... / APPELLANT / V/S. ACIT CIRCLE-10 PUNE. / RESPONDENT REVENUE BY : SHRI PANKAJ GARG ASSESSEE BY : SHRI SUNIIEL R. KARBHARI / DATE OF HEARING : 14.11.2019 / DATE OF PRONOUNCEMENT : 14.11.2019 / ORDER PER D. KARUNAKARA RAO AM: THE APPEAL FILED BY THE REVENUE IS AGAINST THE ORDER OF THE CIT(A)-6 PUNE DATED 15.05.2017 FOR THE ASSESSMENT YEAR 2013-14. THE ASSESSEE FILED THE CROSS OBJECTION. 2 ITA NO.2174/PUN/2017 C.O. NO.39/PUN/2019 ITA NO.2174/PUN/2017 BY REVENUE 2. BEFORE US AT THE OUTSET LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL OF THE REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF LATEST CBDT CIRCULAR NO.17/2019 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 08 TH AUGUST 2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE REVENUE IN APPEAL RAISED GROUNDS ASSAILING THE FINDINGS OF CIT(A) IN DELETING THE ADDITIONS. THUS THE TAX EFFECT ON THE SAID ADDITIONS IS LESS THAN RS.50 LAKHS. 3. THE LD. DR FOR THE REVENUE FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE REVENUE THE TAX EFFECT IS LESS THAN RS.50 LAKHS. 4. BOTH SIDES HEARD. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF CIT(A) IN DELETING THE ADDITIONS. UNDISPUTEDLY THE TAX EFFECT INVOLVED IN APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR NO.17/2019 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 08 TH AUGUST 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 (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 THE DEPARTMENT BEFORE THE TRIBUNAL. THUS WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE APPEAL IN VIEW OF THE CBDT CIRCULAR (SUPRA) THE PRESENT APPEAL OF THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 5. BEFORE PARTING WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL WITH THE REQUISITE MATERIAL TO 3 ITA NO.2174/PUN/2017 C.O. NO.39/PUN/2019 SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11-07-2018 AND ITS AMENDMENT DATED 20-08-2018. 6. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. C.O. NO.39/PUN/2019 BY ASSESSEE 7. THE ASSESSEE IS NOT PRESSED THE CROSS OBJECTION DUE TO APPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT INVOLVED IN THE SAID APPEAL OF THE REVENUE. THUS THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED AS NOT PRESSED. 8. RESULTANTLY THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED AS ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH DAY OF NOVEMBER 2019. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (D. KARUNAKARA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 14 TH NOVEMBER 2019 SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-6 PUNE. 4. THE PR. CIT-5 PUNE. 5. / DR ITAT B BENCH PUNE. 6. / GUARD FILE. / BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY / ITAT PUNE.