THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), AHMEDABAD vs. SHANTI EXPORTS PVT. LTD., AHMEDABAD

PDF · subscribers
ITA 1560/AHD/2018Status: DisposedITAT Ahmedabad26 September 2019AY 2015-163 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 noted that the tax effect in the appeal did not exceed the revised monetary limit of Rs. 50 Lakhs as per CBDT Circular No. 17 of 2019. The Revenue's counsel conceded to the applicability of the circular.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2015-16. The assessee argued that the appeal was hit by a new CBDT circular enhancing monetary limits for appeals.

What were the issues?

Whether the Revenue's appeal is maintainable in light of the revised monetary limits prescribed by CBDT Circular No. 17 of 2019.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED&

For Appellant: Shri Satish Solanki, Sr. D.R
For Respondent: Shri Sudhir Mehta, A.R. with Priyam Gandhi, A.R
Hearing: 25.09.2019Pronounced: 26.09.2019

PER Ms. MADHUMITA ROY – JUDICIAL MEMBER:

The instant appeal filed by the Revenue is directed against the order dated 03.04.2018 passed by the Commissioner of Income Tax (Appeals) - 8, Ahmedabad arising out of the order dated 30.12.2017 passed by the DCIT, Circle – 4(1)(1), Ahmedabad under section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2015-16. 2. At the time of hearing, it was submitted by the Ld.AR for the assessee that appeal filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated Asst.Year – 2015-16 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 instructions, 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.

3.

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.

4.

In the result, the appeal of the Revenue is dismissed. This Order pronounced in Open Court on 26/09/2019 ( Ms. MADHUMITA ROY ) JUDICIAL MEMBER Ahmedabad; Dated 26/09/2019 Asst.Year – 2015-16

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)-8, Ahmedabad.

5.

"वभागीय ""त"न"ध अहमदाबाद , आयकर अपील"य अ"धकरण / DR, ITAT, Ahmedabad 6. गाड" फाईल /Guard file.

आदेशानुसार/ BY ORDER, स"या"पत ""त //// उप सहायक पंजीकार (Dy./Asstt.

Recent GST High Court judgments

Search GST case law →