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Income Tax Appellate Tribunal, JABALPUR BENCH, JABALPUR
Before: SHRI NRS GANESAN&SHRI SANJAY ARORA
Per Sanjay Arora, AM: This is set of two appeals by the Revenue for two consecutive years, being Assessment Years (AYs.) 2010-11 and 2011-12, agitating separate orders by the Commissioner of Income Tax (Appeals)-1, Jabalpur (‘CIT(A)’ for short) of even date, i.e., 16.2.2018, partly allowing the assessee’s appeals contesting its’ assessments under section 153A of the Income Tax Act, 1961 (‘the Act’) for these years vide separate orders, both dated 28.3.2016. 2. At the very outset, it was fairly admitted by the ld. CIT-DR that the tax effect of the instant appeals by the Revenue is below Rs.50 lacs each, i.e., the extant threshold monetary limit for filing of the Revenue’s appeals before the 1 | P a g e
ITA Nos. 113 & 114/JAB/2018 Dy. CIT v. Subh Motors Pvt. Ltd Tribunal u/s. 268A of the Act. The same be accordingly treated as not pressed/withdrawn.
We have heard the parties and perused the material on record. The tax effect of the instant appeals, as apparent from the grounds of appeal/s, is less than Rs.50.00 lacs each, being at Rs.41.25 lacs and Rs.14.75 lacs for the two consecutive years respectively, and for which reference is made to the letter dated 17.9.2020 by the ld. CIT-DR placed on record. No exception as per the relevant Board Circular has either been stated in the said letter or otherwise brought to our notice during hearing. We, accordingly, have no hesitation in dismissing the Revenue’s appeals in limine as not maintainable u/s. 268A of the Act. We decide accordingly.
In the result, Revenue’s appeals are dismissed in limine. Order pronounced in the open court on September 17, 2020 (N.R.S.Ganesan) Accountant Member Dated: 17/9/2020 ////
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