ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE, DHULE vs. PANZHARAKAN SAHAKARI SAKHAR KARKHANA LTD, DHULE

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ITA 2475/PUN/2017Status: DisposedITAT Pune08 February 2021AY 1996-973 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 held that in view of the CBDT Circular No. 17/2019, which sets a monetary limit for filing appeals, the appeal filed by the Revenue should be dismissed without going into the merits of the case.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 1996-97. The tax effect in the appeal was less than Rs. 50 lakhs, which is the revised monetary limit for filing appeals by the Revenue as per CBDT Circular No. 17/2019.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the CBDT's monetary limit for filing appeals before the ITAT.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI WASEEM AHMED, AM & SHRI S. S. VISWANETHRA RAVI, JM

Hearing: 10.02.2021Pronounced: 10.02.2021

आदेश आदेश PER WASEEM AHMED, A.M : This is an appeal filed by the Revenue directed against the order of ld. Commissioner of Income Tax (Appeals) – 6, Pune dated 30.06.2017 for the assessment year 1996-97. 2. When the appeal is called, none appeared on behalf of the assessee despite service of notice.

3.

It is stated before by the learned Departmental Representative that the tax effect in the present appeal is less than Rs.50 lakhs and therefore, the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec.268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well s Apex Court are revised with an object of reducing the tax litigation. Vide Para 3 of the said Circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs.50 lakhs, appeals should not be filed.

4.

Heard the learned Departmental Representative. Undisputedly, the tax effect 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 the 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 Tribunal. 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 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, the appeal filed by the Revenue is dismissed.

Order pronounced in the open Court on this 10th day of February, 2021. /- (S. S. VISWANETHRA RAVI) (WASEEM AHMED) "याियक सद"य "याियक सद"य/JUDICIAL MEMBER लेखा सद"य "याियक सद"य "याियक सद"य लेखा सद"य लेखा सद"य/ACCOUNTANT MEMBER लेखा सद"य पुणे / Pune; "दनांक / Dated : 10th February, 2021. Yamini

आदेश क" "ितिलिप अ"ेिषत / Copy of the Order forwarded to : आदेश क" "ितिलिप अ"ेिषत आदेश क" "ितिलिप अ"ेिषत आदेश क" "ितिलिप अ"ेिषत अपीलाथ" / The Appellant.

1.

""यथ" / The Respondent.

2.3.

The CIT(A)-6, Pune.

4.

The Pr.CIT-5, Pune. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, “ए” ब"च, 5. पुणे / DR, ITAT, “A” Bench, Pune. गाड" फ़ाइल / Guard File. 6. आदेशानुसार / BY ORDER, ////

//// Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.

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