ITO, WARD-1(1), BIKANER vs. SHRI DILIP KUMAR PARAKH, BIKANER

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ITA 360/JODH/2018Status: DisposedITAT Jodhpur04 November 2022AY 2014-153 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable due to the low tax effect, as per the CBDT circular. However, liberty was granted to the revenue to seek recall if the issue falls under exceptions.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order deleting an addition made on account of the difference in sale price of land. The assessee contended that the tax effect was below the threshold specified in CBDT Circular No. 17 of 2019.

What were the issues?

Maintainability of the revenue's appeal due to low tax effect in light of CBDT Circular No. 17 of 2019.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI B. R. BASKARAN & SHRI SANDEEP GOSAINShri Dilip Kumar

For Respondent: Shri Venkatesh V. SR. D.R
Hearing: 03/11/2022

Assessee By None Revenue By Shri Venkatesh V. SR. D.R. (JCIT) Date of hearing 03/11/2022 Date of 04/11/2022 Pronouncement O R D E R PER: B.R. BASKARAN, AM The appeal filed by the revenue is directed against the order dated 11-04-2018 passed by Ld CIT(A), Bikaner and it relates to the assessment year 2014-15. The revenue is contesting the decision of Ld CIT(A) of Ld CIT(A) in deleting the addition of Rs.99,56,249/- made by the AO on account of difference in sale price on sale of land.

ITO vs. Sh. Dilip Kumar Parakh, Bikaner 2. The assessee has furnished a letter stating that the tax effect involved in the issue contested by the revenue is less than Rs.50.00 lakhs and hence the present appeal of the revenue is not maintainable in view of the Circular no.17 of 2019 dated 8th August, 2019 issued by CBDT.

3.

We heard Ld D.R, who submitted that the revenue may be permitted to seek recall of this order if the issue contested falls under the exceptions given in the above said circular of CBDT.

4.

Since the tax effect involved in the appeal of the revenue is less than Rs.50.00 lakhs, it is precluded from pursuing this appeal as per the Circular issued by CBDT, referred supra. Accordingly, we dismiss the appeal of the revenue in limine. However, liberty is granted to the revenue to seek recall of this order by moving appropriate petition in accordance with law, if it is advised that the present appeal could be pursued.

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