DCIT, PARWANOO vs. M/S MEDICEF PHARMA, BADDI

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ITA 172/CHANDI/2020Status: DisposedITAT Chandigarh09 December 2020AY 2012-132 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable due to the revised monetary limit for filing appeals by the Department before the ITAT. The Department itself prayed for withdrawal of the appeal.

What were the facts?

The Department filed an appeal before the ITAT against the order of the CIT(A). The appeal was filed by the Department for the assessment year 2012-13.

What were the issues?

The primary issue was the maintainability of the appeal based on the revised monetary limits set by the CBDT for departmental appeals to the ITAT.

AI-generated summary — verify with the full judgment below

आदेश/Order The present appeal has been preferred by the assessee against the order dated 22.11.2019 of the Commissioner of Income Tax (Appeals), Shimla [hereinafter referred to as ‘CIT(A)’].

2.

It is noticed that this appeal filed by the Department is not maintainable in view of the recent Circular No. 17/2019 dt. 08/08/2019 issued by CBDT, wherein, the monetary limit for filing the appeals by the Department before the ITAT has been increased to Rs. 50,00,000/- from Rs. 20,00,000/- as specified in the earlier circular No. 3/2018 dated 11.07.2019. -c-2-2020 M/s Medicef Pharma, Solan 2 It has been further clarified by the CBDT vide F.No. 279/Misc./ITJ dated 20.08.2019 that the revised monetary limit mentioned in Circular No. 17 of 2019 is applicable to all the pending SLPs/ appeals/ cross-objections / references and that all such pending appeals within the revised limit shall be withdrawn by the Department on or before 31.10.2019.

3.

The Ld. DR, therefore, has prayed for withdrawal of the said appeal.

4.

In view of the aforesaid discussion, the present appeal filed by the Department is dismissed due to low tax effect. It is, however, clarified that the dismissal as withdrawn of the above appeal shall not be taken to be affirmation of the order of the CIT(A) on merits. The legal issue raised by the Revenue is being left open to be adjudicated in an appropriate case.

In the result, the appeal of the Revenue stands dismissed.

Order pronounced on 09.12.2020.

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