Income-tax Officer, Ward - 1(1),, Aurangabad v. M/s. Hassab Realty Private Limited,, Aurangabd

ITA 2337/PUN/2017 | 2013-14
Pronouncement Date: 02-03-2021 | Result: Dismissed

Appeal Details

RSA Number 233724514 RSA 2017
Bench Pune
Appeal Number ITA 2337/PUN/2017
Appellant Income-tax Officer, Ward - 1(1),, Aurangabad
Respondent M/s. Hassab Realty Private Limited,, Aurangabd
Appeal Type Income Tax Appeal
Pronouncement Date 02-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 02-03-2021
Date Of Final Hearing 02-03-2021
Next Hearing Date 02-03-2021
Last Hearing Date 02-03-2021
First Hearing Date 04-12-2020
Assessment Year 2013-14
Appeal Filed On 05-10-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO AM AND SHRI S. S. VISWANETHRA RAVI JM . / ITA NO.2337/PUN/2017 / ASSESSMENT YEAR : 2013-14 ITO WARD-1(1) AURANGABAD. ....... / APPELLANT / V/S. M/S. HASSAB REALTY PRIVATE LIMITED 4-3-20 SILK MILL COLONY PAITHAN ROAD AURANGABAD-431001. PAN : AACCH4509A / RESPONDENT REVENUE BY : SHRI S. P. WALIMBE ASSESSEE BY : NONE / DATE OF HEARING : 02.03.2021 / DATE OF PRONOUNCEMENT : 02.03.2021 / ORDER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-1 AURANGABAD (CIT(A) FOR SHORT) DATED 28.07.2017 FOR THE ASSESSMENT YEAR 2013-14. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.50 LAKHS AND THEREFORE THE CIRCULAR NO.17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC.268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL 2 ITA NO.2337/PUN/2017 DOES NOT EXCEED RS.50 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS.50 LAKHS THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS IF ARISES IN FUTURE. AT THE SAME TIME WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALLS IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY IN THE LIGHT OF CBDT CIRCULAR NO.17/2019 DATED 08/08/2019 THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 02 ND DAY OF MARCH 2021. SD/- SD/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 02 ND MARCH 2021. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-1 AURANGABAD. 4. THE PR. CIT-1 AURANGABAD. 5 . / DR ITAT A BENCH PUNE. 6. / GUARD FILE. / BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY / ITAT PUNE.