INCOME TAX OFFICER-1, KHANDWA vs. SMT. PADMA BAI JAIN, KHANDWA

ITA 328/IND/2018Status: DisposedITAT Indore15 May 2019AY 2013-143 pages

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was below the revised monetary limit prescribed by CBDT Circular No. 3/2018, which applies retrospectively.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee argued that the appeal was not maintainable due to a low tax effect, below the prescribed monetary limit.

What were the issues?

The primary issue was the maintainability of the appeal before the ITAT based on the tax effect and the applicability of CBDT Circular No. 3/2018.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

CIT v. CIT vs. Sureshchandra Durgaprasad Khatod (HUF)
253 CTR 492 · 2012 · HC
3 citing

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI KUL BHARAT & SHRI MANISH BORAD

For Appellant: Smt. Ashima Gupta, CIT, Shri N.D. Patwa, Adv

For Respondent: Shri N.D. Patwa, Adv

Hearing: 15.5.2019

14.5.2019 सुनवाई क� तार�ख Date of hearing 15.5.2019 उ�घोषणा क� तार�ख Date of pronouncement आदेश /O R D E R

PER SHRI KUL BHARAT, JM

This appeal filed by the Revenue is against the order dated 22.1.2018 of ld. Commissioner of Income-tax (Appeals)-2, Indore for the assessment year 2013-14.

At the outset of the hearing, the learned Counsel for the assessee submitted that present appeal is not maintainable as the tax effect of 2018 2 Smt. Padma Bai Jain involved in the present appeal is below the prescribed limit. Further, he has also filed a chart showing tax effect involved in the present appeal.

On the other hand, the ld. CIT/DR has not pointed out that the issue involved in the present appeal falls under the exceptions as narrated in the CBDT Circular No.3/2018 issued on 11.7.2018.

We have heard both the sides. We find that the CBDT vide Circular No.3/2018 issued on 11.7.2018 has revised the monetary limit for filing of appeal before ITAT fixing the tax effect limit at Rs.20 lacs.

The said Circular supersedes the earlier instructions/Circular issued on the subject of tax effect and applies to all pending appeals retrospectively. As per the above Circular, the appeals filed by the Revenue before the ITAT in which the tax effect involved is below the prescribed monetary limit are either to be withdrawn or not pressed by the Department. The Circular/ instructions issued by the CBDT would apply retrospectively is also supported by the decisions of Hon’ble High Courts viz: CIT Vs. CIT vs. Sureshchandra Durgaprasad Khatod (HUF)

(2012) 253 CTR 492 (Guj), M/s. P. S. Jain & Co. (ITANo.179/1991 dtd. 02.08.2010 (Delhi) and CIT Vs. Delhi Race Club Ltd."(Del) dtd. 03.03.2011. of 2018 3 Smt. Padma Bai Jain

On consideration of above, since the present appeal having below tax effect is filed in contravention with the above CBDT Circular, we dismiss the departmental appeal in limine as not maintainable.

In the result, the appeal of the Revenue stands dismissed as not maintainable.

This order has been pronounced in the open court on 15.5.2019.

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