DCIT Central Cir.-1,, Nashik v. Anand Construwell Pvt. Ltd.,, Nashik

MA 21/PUN/2011 | 2003-2004
Pronouncement Date: 30-09-2011 | Result: Allowed

Appeal Details

RSA Number 2124524 RSA 2011
Assessee PAN THMAY2008I
Bench Pune
Appeal Number MA 21/PUN/2011
Duration Of Justice 9 month(s) 10 day(s)
Appellant DCIT Central Cir.-1,, Nashik
Respondent Anand Construwell Pvt. Ltd.,, Nashik
Appeal Type Miscellaneous Application
Pronouncement Date 30-09-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted B
Tribunal Order Date 30-09-2011
Date Of Final Hearing 12-08-2011
Next Hearing Date 12-08-2011
Assessment Year 2003-2004
Appeal Filed On 20-12-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI I.C. SUDHIR JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO ACCOUNTANT MEMBER M.A. NO. 21/PN/2011 (ARISING OUT OF ITA NO. 995/PN/2009) (ASSTT. YEAR :2003-04) DY. COMMISSIONER OF I NCOME TAX ... APP LICA NT CENTRAL CIRCLE-1 NASHIK V. ANAND CONSTRUWELL PVT. LTD RESPONDENT RAMCHANDRA APPT. NASHIK-3 PAN : NOT AVAILABLE APPLICANT BY : MS. ANN KAPTHUAMA RESPONDENT BY : SHRI M.K. KULKARNI DATE OF HEARING :12. 8 .2011 DATE OF PRONOUNCEMENT :30.9.11 ORDER PER I.C. SUDHIR JM THE GRIEVANCE OF THE REVENUE IS THAT THE PENALTY A MOUNT IN THE PRESENT CASE LEVIED BY THE A.O IS RS. 3 76 687/- AND THE LD CIT (A) HAS REDUCED THE PENALTY TO RS.1 19 437/-. THUS THE REVENUE WAS IN APPEAL AGAI NST THE RELIEF GIVEN BY THE LD CIT(A) TO RS. 2 57 250/- (RS. 3 76 687 RS. 1 19 4 37). BUT THE TRIBUNAL HAS INADVERTENTLY GIVEN FINDING THAT PENALTY AMOUNT IS BELOW RS. 2 00 000/- HENCE APPEAL PREFERRED BY THE REVENUE IN VIOLATION OF THE PROVISIONS OF SECTION 268A READ WITH CBT INSTRUCTION NO. 5/2008 DT. 15 TH MAY 2008 IS NOT MAINTAINABLE AND HAS BEEN DISMISSED AS SUCH. THUS THERE IS MISTAKE APPARENT FROM RECORD IN THE ORDER DATED 26.5.2010 OF THE TRIBUNAL WHICH NEEDS RECTIFICATIO N. 2. THE LD. A.R. ON THE OTHER HAND SUBMITTED THAT NOW THE MONETARY LIMIT FOR PREFERRING APPEAL BY THE REVENUE BEFORE THE TRIBUNA L AGAINST THE FIRST APPELLATE ORDER HAS BEEN INCREASED TO RS. 3 00 000/- HENCE ORDER O F THE TRIBUNAL IS MAINTAINABLE MA . NO 21/PN/2011 ANAND CONSTRUWELL PVT. LTD. A.Y. 2003-04 PAGE OF 2 2 SINCE THE PENALTY AMOUNT STILL REMAINS BELOW RS. 3 00 000/- I.E. RELIEF GIVEN BY THE LD CIT(A). 3. IN ANY CASE IT IS AN ADMITTED FACT THAT THE TRI BUNAL HAS DISMISSED THE APPEAL PREFERRED BY THE REVENUE ON THE BASIS THAT HAVING P ENALTY AMOUNT BELOW RS. 2 00 000/- THE APPEAL HAS BEEN PREFERRED IN VIOLAT ION OF THE PROVISIONS OF SEC. 268A OF THE ACT READ WITH CBDT INSTRUCTIONS NO. 5/2008 D ATED 15 TH MAY 2008. WE THUS FIND THAT THE ORDER OF THE TRIBUNAL IS ADMITTEDLY B ASED ON WRONG FACTUAL PREMISES WHICH HAS RESULTED INTO MISTAKE APPARENT FROM RECOR D IN THE ORDER OF THE TRIBUNAL. THE ORDER DATED 26 TH MAY 2010 OF THE TRIBUNAL IS THUS RECALLED WITH DIR ECTION TO THE REGISTRY TO FIX THE APPEAL FOR HEARING ON SOME EARL Y POSSIBLE DATE. 4. IN RESULT MISCELLANEOUS APPLICATION IS ALLOWED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30TH SEPTEMBER 2011. SD/- SD/- ( D. KARUNAKARA RAO ) ACCOUNTANT MEMBER ( I.C. SUDHIR ) JUDICIAL MEMBER PUNE DATED THE 30TH SEPTEMBER 2011 US COPY OF THE ORDER IS FORWARDED TO : 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT (CENTRAL) NAGPUR 4. THE CIT(A)-I NASHIK 5. THE D.R. ITAT B BENCH PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE