THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1), VISAKHAPATNAM vs. DHARMANA PROJECTS PRIVATE LIMITED, SRIKAKULAM

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ITA 552/VIZ/2018Status: DisposedITAT Visakhapatnam08 January 2020AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that as per CBDT Circular No. 17/2019, appeals with a tax effect below the specified monetary limit are not maintainable. Therefore, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2012-13. The tax effect involved in the appeal was below Rs. 50.00 lakhs.

What were the issues?

The maintainability of the Revenue's appeal based on the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE

For Appellant: Shri Sushil Kumar Agarwal, CA
For Respondent: Smt. U.Mini Chandran, Sr.DR
Hearing: 17/12/2019

O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER

1.

This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-2, Visakhapatnam, dated 16/08/2018 for the Assessment Year 2012-13.

2.

When this appeal is taken up for hearing, ld.AR has submitted that the tax effect involved in this appeal is below Rs.50.00 lakhs and as per the CBDT Circular No. No.17/2019, dated 08/08/2019, this appeal is not maintainable and requested for dismissal of the same.

(M/s. Dharmana Projects (P) Ltd.) 3. On the other hand, ld.DR fairly accepted that the tax effect involved in this appeal is below Rs. 50.00 lakhs.

4.

In view of the CBDT Circular No.17/2019, dated 08/08/2019, which was followed by Notification No.279/Misc/M-93/2018-ITJ, dated 20/08/2019 wherein clarified that the revised monetary limits mentioned in Circular No.17/2019 are applicable to all pending appeals also, this appeal filed by the Revenue is not maintainable and is dismissed accordingly.

5.

In the result, appeal filed by the Revenue is dismissed. Order Pronounced in open Court on this 08th day of Jan., 2020.

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