INCOME TAX OFFICER, WARD-3(1)(4), AHMEDABAD vs. M/S. PRAJ TRADELINK PRIVATE LIMITED, AHMEDABAD

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ITA 2222/AHD/2017Status: DisposedITAT Ahmedabad13 September 2019AY 2013-142 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 CBDT circular and subsequent instructions made pending appeals with a tax effect below Rs. 50 lakhs liable for dismissal. The Revenue's appeal fell within this category.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee argued that the appeal was hit by a recent CBDT circular revising monetary thresholds for appeals.

What were the issues?

Whether the Revenue's appeal is maintainable in light of the revised monetary limits prescribed by the CBDT for filing appeals.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED&

For Appellant: Shri Lalit P. Jain, Sr. D.R
Hearing: 12/09/2019Pronounced: 13/09/2019

The instant appeal filed by the Revenue is directed against the order dated 18.07.2017 passed by the Commissioner of Income Tax (Appeals) - 9, Ahmedabad arising out of the order dated 29.02.2016 passed by the Assessing Officer under section 144 of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year 2013-14.

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 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 - 2 - ITO vs. Praj Tradelink Pvt. Ltd., Asst.Year – 2013-14 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.

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