THE DCIT, CIRCLE-3(1)(2), AHMEDABAD vs. M/S. OASIS TEXTILE LTD, AHMEDABAD

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ITA 2077/AHD/2018Status: DisposedITAT Ahmedabad25 October 2021AY 2001-023 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 accepted the assessee's submission that the appeals were covered by the CBDT Circular, which mandates dismissal of appeals where the tax effect does not exceed Rs. 50 Lakhs. The Revenue's appeals were accordingly dismissed.

What were the facts?

The Revenue filed five appeals against the CIT(A)'s order for assessment years 2001-02 to 2004-05. The assessee contended that these appeals were hit by CBDT Circular No. 17 of 2019, which revised monetary limits for filing appeals.

What were the issues?

Whether the Revenue's appeals are maintainable in light of the revised monetary limits prescribed by CBDT Circular No. 17 of 2019.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘’ A’’ BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED

Hearing: 12/10/2021Pronounced: 25/10/2021

आदेश/O R D E R

PER BENCH:

1.

The captioned five appeals have been filed at the instance of Revenue against the common order of the Learned Commissioner of Income Tax (Appeals) Ahmedabad, dated 30/07/2018 arising in the matter of assessment order passed under s. 143(3) of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Years 2001-02 & 2002-03 to 2004-05.

2.

At the time of hearing, it was submitted by the Ld.AR for the assessee that all the appeals filed by the Revenue are hit by the CBDT Circular No. 17 of 2019 recently issued dated 08/08/2019 revising the previous thresholds limits pertaining to tax effects. It is inter alia noticed that the CBDT vide Instruction No. F. No. 279/Misc/M-93/2018-ITJ dt. 20/08/2019 has observed that Circular No.17/2019 dated 08/08/2019 relating to enhancement of monetary limits is also applicable to all pending appeals. As per aforesaid Circular read with instruction, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In all five cases, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore all five appeals of the Revenue are required to be dismissed in limine.

3.

The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeals of the Revenue are dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its 4 others A.Ys.2001-02 & others appeals on showing inapplicability of the aforesaid CBDT Circular in any manner.

4.

In the result, all the appeals filed by the Revenue are dismissed.

Order pronounced in the Court on 25/10/2021 at Ahmedabad.

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