JOINT COMMISSIONER OF INCOME-TAX, (OSD), CIRCLE -2, SOLAPUR vs. SUBHASH DESHMUKH AND COMPANY, SOLAPUR

PDF · subscribers
ITA 105/PUN/2018Status: DisposedITAT Pune30 April 2021AY 2013-144 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the CBDT's revised circular enhanced the monetary limit for filing appeals to Rs. 50.00 lakh. Since the tax effect was below this limit, the Tribunal was not inclined to entertain the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee did not appear for the hearing. The Revenue's counsel admitted that the tax effect in the appeal was below the revised monetary limit for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect is below the revised monetary limit prescribed by the CBDT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE – VIRTUAL COURT

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Respondent: Shri Vitthal Bhosale

Assessee by None Revenue by Shri Vitthal Bhosale Date of hearing 30-04-2021 Date of pronouncement 30-04-2021 आदेश / ORDER

This appeal by the Revenue arises out of the order passed by the CIT(A)-7, Pune on 03-10-2017 in relation to the assessment year 2013-14.

2.

There is no appearance from the side of the assessee despite notice. However, it has been fairly admitted by the ld. DR that the tax effect in this appeal is less than Rs.50.00 lakh.

M/s. Subhash Deshmukh an dCompany

3.

The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the Department in Income-tax Cases before various appellate forums. The earlier circular No.03/2018 dated 11-07-2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal.

4.

At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that the revised monetary limits so mentioned in Circular No.17/2019 are applicable to all pending appeals. Not only that, it has further been directed to the competent authorities to withdraw all such appeals on or before 31-10-2019. However, it is made clear that if the tax effect in this particular appeal is found out to be more than the prescribed monetary limit of Rs.50.00 lakh or the case is covered by an exception, it will be open to the Revenue to move the Tribunal for taking necessary action.

M/s. Subhash Deshmukh an dCompany

5.

In view of the foregoing discussion, we dismiss the appeal filed by the Revenue.

6.

In the result, the appeal is dismissed. Order pronounced in the Open Court on 30th April, 2021.

Sd/- Sd/- (R.S.SYAL) (S.S. VISWANETHRA RAVI) VICE PRESIDENT JUDICIAL MEMBER पुणे Pune; ददिधांक Dated : 30th April, 2021 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपीऱधर्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2. 3. The CIT(A)-7, Pune 4. The Pr.CIT-6, Pune 5. DR „A‟, ITAT, Pune गार्ड फाईल / Guard file 6. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune

M/s. Subhash Deshmukh an dCompany

Date 1. Draft dictated on 30-04-2021 Sr.PS 2. Draft placed before author 30-04-2021 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.

Recent GST High Court judgments

Search GST case law →