What did the Tribunal hold?

The Tribunal held that the Revenue's appeal should be dismissed due to low tax effect, as it was below the monetary limit prescribed by recent CBDT circulars. Consequently, the assessee's cross-objection was also dismissed as infructuous.

The Revenue filed an appeal before the ITAT against the order of the CIT(Appeals) which had deleted certain additions. The assessee also filed a cross-objection. The primary contention for dismissal was based on low tax effect as per CBDT circulars.

What were the issues?

The main issue was whether the Revenue's appeal should be dismissed on the grounds of low tax effect, as per prevailing CBDT circulars, without delving into the merits of the case.

ITO vs Shri Lalji Somji Patel, Nagpur | ITAT Nagpur 2020

Income Tax Appellate Tribunal, BENCH, NAGPUR

Before: SHRI D. KARUNAKARA RAO, AM & SHRI PARTHA SARATHI CHAUDHURY, JM

For Appellant: Shri Rajesh Loia

For Respondent: Dr. Milind Bhusari

Hearing: 14.01.2020Pronounced: 14.01.2020

Heard together (2 matters)

ITA No.457/NAG/2013

CO. No. 02/NAG/2014

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM :

This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeals)-II, Nagpur dated 28.10.2013 for the assessment year 2007- 08 as per the grounds of appeal on record. The assessee has preferred cross objection in CO No.02/NAG/2014 against the appeal filed by the Revenue.

The Ld. AR of the assessee submitted at the outset that the appeal of Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No.17/2019 [F No.279/Mise.142/2007-ITJ (Pt)], dated 08-08-2019 read with Circular No.3 of 2018 dated 11.07.2018 revising the upward monetary limits for filing of appeals in Income Tax Cases before various Appellate Forums. The earlier CBDT Circular No.03/2019 dated 11.07.2018 fixed monetary limit for filing of appeals before the Tribunal at Rs.20 Lakhs. Such limit has been enhanced in the recent CBDT Circular dated 08.08.2019 from Rs.20 lakhs to Rs. 50 Lakhs.

3. The Ld. DR fairly admitted that in the present appeal by the Department tax effect is less than Rs.50 Lakhs.

CO. No.02/NAG/2014 A.Y.2007-08

Both sides heard. The Revenue is in appeal against the order of Ld. CIT(Appeals) in deleting the additions. Undisputedly, the tax effect involved in these appeals is less than the monetary limit prescribed by the recent CBDT Circular No.17/2019 [F No.279/Mise.142/2007-ITJ (Pt)] dated 08-08-2019 read with Circular No.3 of 2018 dated 11.07.2018 for filing of appeals before the Tribunal by the Department. The CBDT vide circular dated 08.08.2019 (supra.) has amended Para 3 of Circular No.3 of 2018 dated 11.07.2018 thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50 Lakhs for filing appeals by the Department before the Tribunal. Thus, without going into merit of the issues raised in the appeal, in view of the CBDT Circular (supra) the present appeal of the Revenue is dismissed on account of low tax effect.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for restoration of appeal, with the requisite material to show that the appeal is protected by the exceptions prescribed in Para 10 of the Circular dated 11-07-2018 and its amendment dated 20-08-2018.

In the result, appeal of the Revenue is dismissed.

Since we have dismissed the Revenue’s appeal, corresponding cross objection filed by the assessee in CO No.02/NAG/2014 becomes infructuous and hence, liable to be dismissed. Thus, Cross objection in CO No.02/NAG/2014 filed by the assessee is dismissed.

CO. No.02/NAG/2014 A.Y.2007-08

In the combined result, appeal of the Revenue and cross objection filed by the assessee, both, are dismissed.

Order pronounced on 14th day of January, 2020.

Sd/- Sd/- D. KARUNAKARA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 14th January, 2020. SB आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2.

The CIT(Appeals)-II, Nagpur.

ITO-WD-6(3), NAGPUR vs. SHRI LALJI SOMJI PATEL, NAGPUR

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