What did the Tribunal hold?

The Tribunal held that the CBDT circular, which mandates dismissal of pending appeals where the tax effect does not exceed Rs. 50 Lakhs, was applicable. The Revenue's appeals were therefore dismissed as not maintainable.

The Revenue filed appeals against the CIT(A)'s order for assessment years 2009-10 and 2010-11. The assessee argued that the appeals were hit by a new CBDT circular revising monetary limits for appeals.

What were the issues?

Whether pending Revenue appeals are to be dismissed in light of revised monetary limits prescribed by CBDT Circular No. 17 of 2019.

Asstt. Commissioner of Income… vs M/S. Khs Machinery Pvt.Ltd | ITAT Ahmedabad 2020

Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH

Before: SHRI MAHAVIR PRASAD & SHRI WASEEM AHMED

For Appellant: Shri Dileep Kumar, Sr. D.R

PER MAHAVIR PRASAD, JUDICIAL MEMBER

These appeals by the Revenue are directed against the order of the Ld. CIT(A)- 2, Ahmedabad dated 31.03.2015 pertaining to A.Ys. 2009-10 & 2010-11.

& 2147/Ahd/2015 2 A.Ys. 2009-10 & 2010-11 2. At the time of hearing, it was submitted by the Ld.AR for the assessee that the appeal filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising the previous thresholds pertaining to tax effects. It is inter alia noticed that the CBDT vide Instruction No. F. No. 279/Misc/M- 93/2018-ITJ dt. 20/08/2019 has observed that Circular No.17/2019 dated 08/08/2019 relating to enhancement of monetary limits is also applicable to all pending appeals. As per aforesaid Circular read with instruction, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.

The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner.

ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2), AHMEDABAD vs. M/S. KHS MACHINERY PVT.LTD, AHMEDABAD

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