DCIT, CIRCLE-2 (1) (1), SURAT vs. M/S S. N. TRADELINK PVT. LTD., SURAT

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ITA 1706/AHD/2017Status: DisposedITAT Surat15 April 2021AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect was below the monetary limit prescribed by CBDT Circular No. 17/2019. The Revenue was granted liberty to revive the appeal if grounds were covered by an exception clause in CBDT circulars.

What were the facts?

The Revenue's appeal was against the CIT(A)'s order for AY 2013-14, where the CIT(A) had deleted an addition of approximately Rs. 1.00 crore. The tax effect involved in the appeal was Rs. 32,60,518/-.

What were the issues?

The primary issue was whether the appeal should be dismissed due to low tax effect as per CBDT circulars, with a provision for revival under certain exceptions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, Honble & Dr.SHRI ARJUN LAL SAINI, Honble

For Respondent: Smt. Usha Shrote – Sr.DR
Hearing: 15.04.2021

सुनवाई की तारीख/ Date of hearing: 15.04.2021 उ�घोषणा क� तार�ख/Pronouncement on: 15.04.2021 आदेश /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 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 07.04.2017 for assessment year (AY) 2013-14.

2.

At the outset of hearing, the ld.Authorised Representative(AR) of the assessee submits that tax effect involved in the present appeal is only of Rs.32,60,518/- and the appeal is liable to be dismissed in view of the CBDT Circular No.17/2019 dated 08.08.2019.

DCIT, Circle-2(1)(2), Surat Vs. M/s.S.N.Tradelink/ A.Y. 2013-14 3. The Ld.Departmental Representative(DR) for the Revenue submits that the Revenue may be given liberty to get the appeal revive, incase if it is discovered that grounds of appeal raised by the Revenue is covered by any exception clause of circulars of CBDT.

4. We have considered the contentions of both the parties and perused the material available on record. We have noted that the ld.CIT(A) while granting relief to the assessee, deleted the addition of Rs.1.00 crore (approximately) admittedly the tax effect involved in the present appeal is less than the monetary limit of the Rs.50 lacs as fixed by CBDT Circular No.17/2019 dated 08.08.2019. However, the Revenue is given liberty to get the appeal revive if at later stage it is discovered that grounds raised by the Revenue is covered by any exception clause of CBDT, circular dated 20.08.2018.

5. In the result, appeal of the Revenue is dismissed. Order pronounced on 15th April 2021 while hearing the appeal.

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