INCOME TAX OFFICER, WARD -3(2)(2), SURAT vs. SHRI PRAVINBHAI RATILAL PATEL, SURAT

PDF · subscribers
ITA 277/SRT/2017Status: DisposedITAT Surat06 May 2021AY 2013-142 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 the appeal filed by the Revenue was not maintainable due to low tax effect. The appeal was dismissed on this ground.

What were the facts?

The Revenue appealed against the CIT(A)'s order allowing exemption under section 54B. During the hearing, it was discovered that the tax effect of the appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit by the CBDT.

Which sections of the Income-tax Act were involved?

Section 54B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH & Dr. ARJUN LAL SAINI

Hearing: 07.05.2021

िनधा�रतीकीओर से /Assessee by None राज�कीओर से /Revenue by Ms. Anupma Singla – Sr. DR सुनवाई की तारीख/ Date of hearing: 07.05.2021 उद्घोषणा की तारीख/Pronouncement on: 07.05.2021 आदेश /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER:

1. 1. This appeal by Revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)-2, Surat, hereinafter referred as “Ld.CIT(A)”, dated 23.05.2017 for assessment year (AY) 2013-14.

2. This appeal comes up hearing on 29.04.2021. On perusal of grounds of appeal, we noted that the revenue has challenged the order of Ld. CIT(A) for allowing exemption under section 54B of Rs. 1,61,56,000/-, tax effect on which appears to be less than the monetary limit of Rs.50 lakhs, for filing appeal by revenue before Tribunal, as fixed by Central Board of Direct Taxes (CBDT) in its Circular No.17/2019 dated 08.08.2019. This fact was confronted with the Ld. Senior Departmental Representative (Sr.DR) for the Revenue. The Sr. DR for Revenue submitted that she may be allowed to call the working of the tax effect from the assessing officer. On her request the appeal was adjourn for 07/05/2021. On the direction of the Ld. Sr DR the assessing officer furnished the working of the tax effect vide his application dated 04.05.2021. As per the working of the

More judgments on Section 54B

All 814 judgments and leading authorities on Section 54B →

Recent GST High Court judgments

Search GST case law →