Income-tax Officer,, Nashik v. Shri Sanjay Popatrao Dhumne,, Nashik

MA 44/PUN/2020 | 2012-2013
Pronouncement Date: 31-08-2021 | Result: Dismissed

Appeal Details

RSA Number 4424524 RSA 2020
Assessee PAN AAJPD5141J
Bench Pune
Appeal Number MA 44/PUN/2020
Duration Of Justice 2 year(s) 11 day(s)
Appellant Income-tax Officer,, Nashik
Respondent Shri Sanjay Popatrao Dhumne,, Nashik
Appeal Type Miscellaneous Application
Pronouncement Date 31-08-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 31-08-2021
Last Hearing Date 20-08-2021
First Hearing Date 20-08-2021
Assessment Year 2012-2013
Appeal Filed On 19-08-2019
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 M.A. NO. 44 /PUN/ 2020 ( ARISING OUT OF ITA NO. 1632 /PUN/ 2016 ) / ASSESSMENT YEAR : 2012 - 13 THE INCOME TAX OFFICER WARD - 1(5) NASHIK. .. /APPLICANT / V/S. SHRI SANJAY POPATRAO DHUMNE SAWARKAR HOSPITAL BUILDING NEW PANDIT COLONY NASHIK - 422 002 PAN : AAJPD5141J / RESPONDENT REVENUE BY : SHRI VITTHAL BHOSALE A SSESSEE BY : NONE / DATE OF HEARING : 20 .08 .2021 / DATE OF PRONOUNCEMENT : 31 .0 8 .2021 / ORDER PER PARTHA SARATHI CHAUDHU RY JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE U/S.254(2) OF THE INCOME TAX ACT 1961 (HEREINAFTER REFERRED TO AS THE ACT) WITH A PRAYER TO RECALL THE ORDER OF TRIBUNAL DATED 21.02.2019 IN ITA NO.1632/PUN/2016 FOR THE ASSESSMENT YEAR 2012 - 13. 2 M A NO. 44 /PUN/20 20 A.Y. 2012 - 13 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. ONE ADJOURNMENT APPLICATION DATED 19 TH AUGUST 2021 H AS BEEN RECEIVED THROUGH E - MAIL AND THE SAME IS REJECTED. THE MISCELLANEOUS APPLICATION WAS HEARD AFTER RECORDING THE SUBMISSIONS OF THE LD. DR. 3. THE LD. DR FOR THE REVENUE BY FILING THIS MISCELLANEOUS APPLICATION HAS SUBMITTED THAT THE TRIBUNAL DISMISSED THE REVENUES APPEAL FOR THE ASSESSMENT YEAR 2012 - 13 IN ITA NO.1632/PUN/2016 DATED 21.02.2019 WITHOUT GOING INTO THE MERITS OF THE CASE WHERE THE ASSESSING OFFICER MADE DISALLOWANCE OF DEDUCTION U/S.54F OF THE ACT OF RS.1 00 48 508/ - AND MADE ADD ITION ON ACCOUNT OF INTRODUCTION OF CASH IN CASH BOOK OF RS.24 00 000/ - AND RS.6 00 000/ - AS THE ASSESSEE FAILED TO PROVE/SUBSTANTIATE THE SAME BY PRODUCING COGENT EVIDENCES. THE LD. DR FURTHER SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS CASE IS RS.24 28 860/ - I.E. ABOVE RS.20 00 000/ - AS PER THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 AND ACCORDINGLY PRAYED FOR RECALLING THE ORDER OF TRIBUNAL DATED 21.02.2019. 4. WE HAVE HEARD THE SUBMISSIONS OF THE LD. DR AND PERUSED THE ORDER OF THE TRIBUNAL DATED 21.02.2019. THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE REVENUE ON ACCOUNT OF LOW TAX EFFECT AS PRESCRIBED IN CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 WHERE IN MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL WAS AT RS.20 LAKHS. HOWEVER IN THIS CASE THE LD. DR SUBMITTED THAT TAX EFFECT INVOLVED IS RS.24 28 860/ - WHICH IS ABOVE RS.20 00 000/ - . WE FIND THAT SUCH MONETARY LIMIT HAS BEEN ENHANCED IN THE RECENT CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 FROM RS.20 LAKHS TO RS.50 LAKHS. THUS THE TAX EFFECT ON THE ADDITION IN THE INSTANT CASE IS LESS THAN RS.50 LAKHS AS PER CALCULATION /SUBMISSIONS OF THE LD. DR. THEREFORE THE GROUND ON THE BASIS OF WHICH THE MISCELLANEOUS APPLICATION HAS BEEN FILED 3 M A NO. 44 /PUN/20 20 A.Y. 2012 - 13 BY THE REVENUE HAS NO LEG S TO STAND FOR RECALLING TH E ORDER OF THE TRIBUNAL DATED 21.02.2019 BECAUSE THE REVENUES APPEAL WILL AGAIN FALL UNDER THE LOW TAX EFFECT AS PRESCRIBED IN CBDT CIRCULAR NO.17/2019 (SUPRA.). WE DO NOT FIND ANY APPARENT MISTA KE IN THE ORDER OF THE TRIBUNAL DATED 21.02.2019. 5. IN VIEW OF THE ABOVE WE ARE OF THE CONSIDERED VIEW THAT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY THE SAME IS DISMISSED. 6. IN THE RESULT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED BEING DEVOID OF ANY MERITS. ORDER PRO NOUNCED ON 31 ST DAY OF AUGUST 20 2 1 . S D/ - S D/ - INTURI RAMA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 31 ST AUGUST 202 1 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 1 NASHIK . 4. THE PR. CIT - 1 NASHIK. 5. / DR ITAT A BENCH PUNE. 6 . / GUARD FILE. / BY ORDER // T RUE C OPY // / PRIVATE SECRETARY / ITAT PUNE . 4 M A NO. 44 /PUN/20 20 A.Y. 2012 - 13 DATE 1 DRAFT DICTATED ON 20 . 08 .202 1 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 31 . 08 .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