ITO, JAMSHEDPUR vs. SURENDRA PRASAD, JAMSHEDPUR
What did the Tribunal hold?
The Tribunal treated the Revenue's appeals as withdrawn/not pressed due to low tax effect, in line with CBDT Circular No. 17/2019. Consequently, the Assessee's cross-objections were also dismissed as withdrawn.
What were the facts?
The Revenue filed appeals before the ITAT, and the Assessee filed cross-objections. The tax effect in the Revenue's appeals was below the revised monetary limit set by the CBDT for filing appeals.
What were the issues?
Whether appeals filed by the Revenue with a tax effect below the prescribed monetary limit should be dismissed as withdrawn.
Which sections of the Income-tax Act were involved?
CBDT Circular No. 17/2019
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE
Heard together (4 matters)
Read from the judgment's own cause title. This page is filed under one of them.
AND C.O. No. 16/RAN/2021 Shri Surendra Prasad AND C.O. No. 17/RAN/2021 Shri Ashok Kumar Vishwakarma A.Y. 2016-17 O R D E R PER BENCH: These captioned appeals are filed by the revenue as well as cross- objections filed by the assessee against two separate orders passed by the ld. CIT(A), Jamshedpur dated 31.08.2020 for the A.Y. 2016-17.
The ld. Counsel for the assessee at the outset has pointed out that the tax effect involved in the captioned appeals filed by the Revenue are less than the revised monetary limit of Rs. 50,00,000/- fixed by the C.B.D.T. for filing the appeals of the Revenue before the Tribunal and this position which is clearly evident from the grounds raised by the Revenue in this appeal is not disputed even by the ld. D.R. In the Circular No. 17/2019 dated 8th August, 2019 issued by the C.B.D.T., the monetary limit for filing the appeal by Revenue before the Tribunal is revised to Rs. 50,00,000/-. As further clarified in the said Circular, the monetary limit so revised is applicable even to the pending appeals and the same are directed to be withdrawn or not pressed. We accordingly treat this appeal as withdrawn/not pressed on account of low tax effect in view of the C.B.D.T. Circular No. 17/2019 dated 8th August, 2019 and dismiss the same. Consequent to that the cross-objections filed by the assessee are also dismissed as withdrawn.
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