What did the Tribunal hold?

The Tribunal held that the Department's appeal was not maintainable as the tax effect did not exceed the monetary limit prescribed by the CBDT circular. Consequently, both the appeal and cross-objection were dismissed as infructuous.

The Department filed an appeal against the CIT(A)'s order for AY 2009-10. The assessee also filed a cross-objection. The Tribunal noted that the tax effect in the appeal was less than the revised monetary limit for departmental appeals.

What were the issues?

The primary issue was whether the Department's appeal was maintainable before the ITAT given the tax effect was below the revised monetary limit set by the CBDT.

ACIT vs M/S Arya Alloys Pvt. Limited… | ITAT Jaipur 2019

Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR

Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 574/JP/2017

Hearing: 20.08.2019Pronounced: 02.09.2019

Heard together (2 matters)

ITA No. 574/JP/2017

C.O. No. 31/JP/2018

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

ORDER PER: VIKRAM SINGH YADAV, A.M. This appeal by the department is directed against the order dated 10.04.2017 of ld. CIT (A)-22, Alwar for the assessment year 2009-10. Further, the assessee has filed cross objection supporting the order of the ld. CIT(A). As per the grounds of appeal, the tax effect calculated by the AO in respect of the relief granted by the & CO No. 31-JP-2018 ACIT, Alwar vs. M/s Arya Alloys Pvt. Ltd., Alwar ld. CIT (A) which has been challenged in the present appeal is less than Rs. 50 lacs.

We have heard the ld. D/R as well as the ld. A/R. At the outset, we note that the tax effect in this appeal is not exceeding the monetary limit as revised by the CBDT vide Circular dated 08.08.2019 for the purpose of filing of appeal by the department before the Income Tax Appellate Tribunal from Rs. 20,00,000/- to Rs. 50,00,000/-. For ready reference, we reproduce the CBDT Circular No. 17 of 2019 dated 08.08.2019 as under :-

Further Enhancement of Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court - Amendment to Circular 3 of 2018 - Measures for reducing litigation.

Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLPs in Income- Monetary Limit (Rs.) Monetary Limit (Rs.) tax matters (previous limit) (Revised Limit) Before Appellate 20,00,000 50,00,000 Tribunal Before High Court 50,00,000 1,00,00,000 Before Supreme Court 1,00,00,000 2,00,00,000 • The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. • Further, even in the case of composite order of any High Court or appellate authority which involves• more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. -JP-2017 & CO No. 31-JP-2018 ACIT, Alwar vs. M/s Arya Alloys Pvt. Ltd., Alwar • In case where a composite order/ judgement involves more than one assessee, each assessee shall be• dealt with separately.”

Accordingly, the appeal of the department is not maintainable being monetary limit is less than/not exceeding Rs. 50,00,000/-. 3. The department is at liberty to file the Miscellaneous Application in case the tax effect in this appeal is found to be more then Rs. 50,00,000/- or the case falls in any of the exceptions of the circular. 4. In the result, both the appeal of the department and cross objection by the assessee, being infructious, are dismissed.

Order pronounced in the open court on 02/09/2019.

Sd/- Sd/- ¼fot; iky jko½ ¼foØe flag ;kno½ (Vijay Pal Rao) (Vikram Singh Yadav) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 02/09/2019. Ganesh Kr. आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- ACIT, Circle-2, Alwar 2. izR;FkhZ@ The Respondent- M/s Arya Alloys Pvt. Ltd.,Alwar 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 6. xkMZ QkbZy@ Guard File {ITA No. 574/JP/2017 & CO. No. 31/JP/2018} vkns'kkuqlkj@ By order, सहायक पंजीकार@Aेेज. त्महपेजतंत -JP-2017 & CO No. 31-JP-2018 ACIT, Alwar vs. M/s Arya Alloys Pvt. Ltd., Alwar

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, ALWAR vs. M/S ARYA ALLOYS PVT. LIMITED, ALWAR

What did the Tribunal hold?

What were the facts?

What were the issues?

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