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 tax effect in these appeals was stated to be within the prescribed limit.

The Revenue filed appeals against the CIT(A)'s order for the assessment year 2018-19. The assessee contended that the appeals were hit by CBDT Circular No. 17 of 2019, which revised monetary thresholds for filing appeals.

What were the issues?

Whether the Revenue's appeals are maintainable in light of the revised monetary limits prescribed by CBDT Circular No. 17 of 2019 for pending appeals.

ACIT vs Shri Rishabh Jain | ITAT Indore 2021

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI MAHAVIR PRASAD & SHRI MANISH BORAD

For Appellant: Shri Harshit Bari, Sr. D.R

For Respondent: Shri Kunal Agrawal, C.A

Hearing: 29.09.2021Pronounced: 30.09.2021

The captioned appeals have been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-3, Ahmedabad (CIT(A)’ in short), dated 20.03.2020 arising out of assessment order dated 04.12.2019 for AY 2018-19.

At the time of hearing, it was submitted by the Ld.AR for the assessee that the appeals filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising the previous & 302/Ind/2020 Asst.Year –2018-19 - 2 – 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 appeals 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.

In the result, both the appeals of the Revenue are dismissed.

This Order pronounced in Open Court on 30 /09/2021 Sd/- Sd/- S-SdSd S (MANISH BORAD) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 30 /09/2021 TRUE COPY Rajesh, Sr. PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)- 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Indore 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, (Dy./Asstt.Registrar) ITAT, Indore & 302/Ind/2020 Asst.Year –2018-19 - 3 –

ACIT,CENTRAL-2, INDORE vs. SHRI RISHABH JAIN, INDORE

What did the Tribunal hold?

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