ITO, WARD 2(1) (1), AHMEDABAD vs. M/S KUNJ INFRA DEVELOPMENT PVT. LTD., AHMEDABAD

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ITA 1642/AHD/2017Status: HeardITAT Ahmedabad05 September 2019AY 2009-103 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 held that the appeal filed by the Revenue was not maintainable due to the applicability of the CBDT Circular No. 17 of 2019, which revised the monetary limits for filing appeals. The Revenue's appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal against the deletion of an addition made under Section 69A by the Assessing Officer. The assessee contended that the appeal was hit by a recent CBDT circular increasing monetary limits for appeals.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI PRADIP KUMAR KEDIA & SHRI MAHAVIR PRASAD

For Appellant: Shri Tej Shah, AR
Hearing: 05/09/2019

PER MAHAVIR PRASAD- JM:

1.

This appeal has been preferred by the Revenue against the order of Ld. CIT(A)-2/652/ITO Ward-2(1)(1)/2016-17 dated 28.04.2017 arising out of assessment order dated 09.12.2016.

2.

The ground of appeal raised by the Revenue reads as under:-

“1. The Ld. CIT(A) has erred in law and on facts in deleting the addition u/s. 69A without properly appreciating the facts of the case and the material brought on record. 2. On the facts and in the circumstances of the case, the Ld. CIT(A) ought to have upheld the order of the Assessing Officer.

3. It is, therefore, prayed that the order of the Ld. Cit(A) may be set aside and that of the Assessing Officer may be restored to the above extent.

4. The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary.”

3.

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 enhancement of monetary limits is also applicable to all pending appeals. As per aforesaid Circular, 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.

4.

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.

5.

In the result, the appeal of the Revenue is dismissed.

This Order pronounced in Open Court on 05/09/2019

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