DCIT, CIRCLE-1, MUZAFFARPUR vs. M/S R.P.RAI ESTATE PVT LTD, PATNA

PDF · subscribers
ITA 27/PAT/2021Status: DisposedITAT Patna22 March 2024AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal treated the appeal as withdrawn/not pressed due to low tax effect, referencing CBDT Circular No. 17/2019. The appeal was dismissed on this technical ground.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 1,00,00,000/- on account of unexplained credit. The assessee argued that the tax effect was below the revised monetary limit for appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the low tax effect below the prescribed monetary limit for appeals to the Tribunal.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH, PATNA

Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE

For Appellant: Shri Devesh Poddar, Advocate
For Respondent: Shri Sushil Kumar Mishra, JCIT, DR
Hearing: 19.03.2024Pronounced: 22.03.2024

O R D E R

PER SONJOY SARMA, JM:

1.

This appeal in for A.Y. 2012-13 is preferred by the revenue against the order of the Commissioner of Income Tax (Appeals), Patna-2 dated 24.06.2020 and the grounds raised therein by the revenue read as under: “i. On the facts and in the circumstances of the case, the ld. CIT(A) erred in law by deleting the addition of Rs. 1,00,00,000/- on account of unexplained credit ignoring the fact that the assessee failed to prove the genuineness of transaction and creditworthiness of lender/creditor.

ii. On the facts and in the circumstances of the case, the assessee is involved in organised tax evasion activity by accepting accommodation entry of its undisclosed income in the guise of unsecured loan. Accordingly, the case is covered under exceptional clause of CBDT Circulars for filing further appeal. iii. Any other grounds that may be urged at the time of hearing.”

M/s. R.P. Rai Estate Pvt. Ltd. A.Y. 2012-13 2. The ld. Counsel for the assessee at the outset has pointed out that the tax effect involved in this appeal filed by the Revenue is 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.

3.

In the result, the appeal of the revenue is dismissed.

Order pronounced in the open court on 22.03.2024

More judgments on Section 68

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →