Deputy Commissioner of Income-tax,, v. Shri Shankar Sahakari Sakhar Karkhana Ltd.,, Solapur

ITA 1631/PUN/2014 | 2007-2008
Pronouncement Date: 29-09-2016 | Result: Dismissed

Appeal Details

RSA Number 163124514 RSA 2014
Assessee PAN AAAAS3735M
Bench Pune
Appeal Number ITA 1631/PUN/2014
Duration Of Justice 2 year(s) 1 month(s) 2 day(s)
Appellant Deputy Commissioner of Income-tax,,
Respondent Shri Shankar Sahakari Sakhar Karkhana Ltd.,, Solapur
Appeal Type Income Tax Appeal
Pronouncement Date 29-09-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 29-09-2016
Date Of Final Hearing 29-09-2016
Next Hearing Date 29-09-2016
Assessment Year 2007-2008
Appeal Filed On 27-08-2014
Judgment Text
] ]] ] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE ! ' $ % BEFORE MS. SUSHMA CHOWLA JM AND SHRI ANIL CHATURV EDI AM ITA NO.1631/PN/2014 ASSESSMENT YEAR : 2007-08 THE DY. COMMISSIONER OF INCOME TAX CIRCLE 1 SOLAPUR. . APPELLANT VS. SHRI SHANKAR SAHAKARI SAKHAR KARKHANA LIMITED SADASHIVNAGAR TAL. MALSHIRAS DIST. SOLAPUR. PAN : AAAAS3735M . RESPONDENT / APPELLANT BY : SHRI P. L. KUREEL / RESPONDENT BY : SHRI PRASANNA JOSHI / DATE OF HEARING : 29.09.2016 / DATE OF PRONOUNCEMENT: 29.09.2016 & / ORDER PER ANIL CHATURVEDI AM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-III PUNE DATED 19.06.2014 FOR THE ASSESSMENT YEAR 2007-08. 2. THE REVENUE HAS RAISED THE FOLLOWING EFFECTIVE G ROUND OF APPEAL :- 01] WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARNED CIT(A) HAS ERRED IN DELETING THE ADDITION M ADE BY THE ASSESSING OFFICER ON ACCOUNT OF SALE OF SUGAR AT CONCESSIONAL RATE AT RS .15 08 719/- TO ITS MEMBERS AND NON MEMBERS. 2 ITA NO.1631/PN/2014 3. AT THE OUTSET THE LD. AR SUBMITTED THAT THE APP EAL OF THE REVENUE IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT AND THER EFORE BE DISMISSED. HE FURTHER SUBMITTED THAT AGAINST THE ORDER OF LD. CIT(A) ASS ESSEE HAS ALSO NOT PREFERRED ANY APPEAL. THE LD. DR FAIRLY ADMITTED THAT THE TAX EF FECT ON THE IMPUGNED ADDITIONS IS LESS THAN THE LIMIT PRESCRIBED BY THE CBDT CIRCULAR OF 10/12/2015 BEARING NO. 21 OF 2015 AND THEREFORE THE APPEAL BE DECIDED ACCORDINGL Y. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIALS AVAILABLE ON RECORD. ON PERUSING THE GROUNDS OF APPEAL RAISED B Y THE REVENUE WE FIND THAT REVENUE IS AGGRIEVED BY THE ORDER OF LD. CIT(A) IN RESPECT OF THE RELIEF GIVEN BY HIM. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAXES (CBDT) DATED 10/12/2015 (CIRCULAR NO. 21 OF 2015) NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF GIVEN BY LD. CIT(A) BEFORE THE INCOME TAX AP PELLATE TRIBUNAL UNLESS THE TAX EFFECT EXCLUDING INTEREST EXCEEDS RS.10 LAKHS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RETROSPECTIVELY TO THE PEND ING APPEALS ALSO. IN THE PRESENT CASE SINCE IT IS AN UNDISPUTED FACT THAT ON THE AD DITIONS WHICH ARE IN DISPUTE THE TAX EFFECT IS LESS THAN RS.10 LAKHS AND IN THE ABSE NCE OF ANY MATERIAL PLACED ON RECORD BY THE REVENUE TO DEMONSTRATE THAT THE ISSUE IN THE PRESENT APPEAL IS COVERED BY EXEMPTIONS SPECIFIED IN CLAUSE (8) OF TH E AFORESAID CBDT CIRCULAR WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESAID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DEPARTMENT AND THEREFORE THE PRESENT APPEAL IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES WE DISMISS THE APPEAL OF REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CASE. HOWE VER IN CASE THERE IS ANY ERROR IN THE COMPUTATION OF THE TAX EFFECT INVOLVED OR IF FOR ANY REASON THE AFORESAID CBDT CIRCULAR IS NOT APPLICABLE IT WOULD BE OPEN T O THE REVENUE TO SEEK REVIVAL OF THE APPEAL. 3 ITA NO.1631/PN/2014 5. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF SEPTEMBER 2016. SD/- SD/- ( SUSHMA CHOWLA ) ( ANIL CHATURVEDI ) / JUDICIAL MEMBER $ / ACCOUNTANT MEMBER PUNE ; DATED : 29 TH SEPTEMBER 2016. & ' (!)* +*! / COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-III PUNE; 4) THE CIT-IV PUNE; 5) THE DR B BENCH I.T.A.T. PUNE; 6) GUARD FILE. & / BY ORDER ' # //TRUE COPY// $ %& # '( / SR. PRIVATE SECRETARY ) '* / ITAT PUNE