What did the Tribunal hold?

The Tribunal observed that the tax effect was below the threshold specified in CBDT Circular No. 17/2019 and its clarifications. Therefore, the appeal was not maintainable as per the circulars.

The Revenue Department filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2008-09. The tax effect involved in the appeal was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect involved and the prevailing CBDT circulars on monetary limits for appeals.

DCIT vs M/S Miracle Software Sysrem (I)… | ITAT Visakhapatnam 2021

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K. CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HONBLE

For Appellant: Shri I.Kama Sastry, CA

Hearing: 24/06/2021

O R D E R PER BENCH

This appeal has been preferred by the Revenue Department against the order dated 30/10/2014 impugned herein passed by the ld.Commissioner of Income Tax (Appeals) [for short, “ld. Commissioner”], Visakhapatnam u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as "Act") for the A.Y. 2008-09.

(M/s. Miracle Software Systems (I) Pvt. Ltd.)

At the outset it is observed that tax effect involved in the appeal under consideration is neither more than Rs. 50 lacs nor the case is based upon any of the exceptions prescribed in CBDT Circular No.17/2019, dated 08.08.2019 read with Circular No.03/2018, whereby the Revenue Department is precluded from filing the appeal before appellate tribunal against the order of ld. Commissioner, in which the tax effect does not exceed Rs.50,00,000/- as specified in the Circular and the CBDT Clarification dated 20th August 2019 whereby it is clarified that revised monetary limits so mentioned in the circular 17/2019 is applicable to all pending SLPs/Appeals/ Cross Objections/ References. Hence the instant appeal deserves dismissal as withdrawn being not maintainable.

In the result, the appeal filed by the Revenue Department stands dismissed as withdrawn.

Order Pronounced in open Court on this 24th day of June, 2021. sd/- sd/- (D.S. SUNDER SINGH) (N.K. CHOUDHRY) Accountant Member Judicial Member Dated: 24th June, 2021. vr/-

(M/s. Miracle Software Systems (I) Pvt. Ltd.)

THE DCIT, VISAKHAPATNAM vs. M/S MIRACLE SOFTWARE SYSREM (I) PVT. LTD., VISAKHAPATNAM

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments