Assistant Commissioner of Income-tax, Satara Circle,, Satara v. M/s. Govind Milk & Milk Products Pvt Ltd,, Satara

ITA 2570/PUN/2017 | 2014-2015
Pronouncement Date: 23-03-2021 | Result: Dismissed

Appeal Details

RSA Number 257024514 RSA 2017
Assessee PAN AAACG7588A
Bench Pune
Appeal Number ITA 2570/PUN/2017
Duration Of Justice 3 year(s) 4 month(s) 15 day(s)
Appellant Assistant Commissioner of Income-tax, Satara Circle,, Satara
Respondent M/s. Govind Milk & Milk Products Pvt Ltd,, Satara
Appeal Type Income Tax Appeal
Pronouncement Date 23-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 23-03-2021
Date Of Final Hearing 29-01-2021
Next Hearing Date 29-01-2021
Last Hearing Date 16-12-2020
First Hearing Date 16-12-2020
Assessment Year 2014-2015
Appeal Filed On 08-11-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY J UDICIAL M EMBER . / I TA NO. 2570 /PUN/20 17 / ASSESSMENT YEAR : 2014 - 15 THE ASSISTANT COMMISSIONER OF INCOME TAX SATARA CIRCLE SATARA. ....... / APPELLANT / V/S. M/S. GOVIND MILK & MILK PRODUCTS PVT. LTD. A/P. KOLKI PUNE PANDHARPUR ROAD PHALTAN TAL. PHALTAN DIST. SATARA - 415 523. PAN : AAACG7588A / RESPONDENT A SSESSEE BY : SHRI PRATEEK JHA REVENUE BY : SHRI S.P WALIMBE / DATE OF HEARING : 22 . 0 3 .202 1 / DATE OF PRONOUNCEMENT : 23 . 03 .2021 / ORDER THIS APPEAL PREFERRED BY THE REVENUE EMANATES FROM THE ORDER OF THE LD. CIT(APPEALS) - 4 PUNE DATED 19.06.2017 FOR THE ASSESSMENT YEAR 2014 - 15 AS PER THE GROUNDS OF APPEAL ON RECORD. 2. AT THE VERY OUTSET THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW RS. 50 LAKHS AND THEREFORE THE APPEAL 2 ITA NO. 2570 /PUN/20 17 A.Y. 2014 - 15 OF REVENUE IS LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF 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 REVISING THE UPWARD MONETARY LIMITS FOR FILING OF APPEALS IN INCOM E 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. THUS THE TAX EFFECT ON THE ADDITION IS LESS THAN RS.50 LAKHS. 3. THE LD. DR FAIRLY ADMITTED THAT IN THE PRESENT APPEAL BY THE DEPARTMENT TAX EFFECT IS LESS THAN RS.50 LAKHS. 4. BOTH SIDES HEARD. UNDISPUTEDLY THE TAX EFF ECT INVOLVED IN THIS APPEAL IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE 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 THE TRIBUNAL BY T HE 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 APPEALS BY THE DEPARTMENT BEFORE THE TRIB UNAL. THUS WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE APPEAL IN VIEW OF THE CBDT CIRCULAR (SUPRA) WE DISMISS THE APPEAL FILED BY THE REVENUE. 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. 2570 /PUN/20 17 A.Y. 2014 - 15 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 DISMISS ED. ORDER PRO NOUNCED ON 23 RD DAY OF MARCH 20 2 1 . SD/ - SD/ - INTURI RAMA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 23 RD MARCH 202 1 SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 4 PUNE. 4. THE PR. CIT - 3 PUNE. 5 . / DR ITAT A BENCH PUNE. 6 . / GUARD FILE. / BY ORDER // TRUE COPY // / PRIVATE SECRETARY / ITAT PUNE . 4 ITA NO. 2570 /PUN/20 17 A.Y. 2014 - 15 DATE 1 DRAFT DICTATED ON 22 . 03 .202 1 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 23 . 03 .202 1 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 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