THE ITO, WARD-1, MEHSANA vs. SHRI HITENDRAKUMAR GANDALA PATEL, MEHSANA

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ITA 2032/AHD/2016Status: DisposedITAT Ahmedabad15 October 2019AY 2007-083 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 dismissed the Revenue's appeal as it was hit by the revised monetary limits prescribed by CBDT Circular No. 17 of 2019. The assessee's cross-objection was dismissed as not pressed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) for AY 2007-08. The assessee filed a cross-objection. The Revenue's appeal was based on issues with a tax effect not exceeding Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable in light of the revised monetary limits for filing appeals as per CBDT Circular No. 17 of 2019. Whether the assessee's cross-objection should be pressed.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED&

For Appellant: Shri Lalit P. Jain, Sr. D.R
For Respondent: Shri P. M. Mehta, A.R
Pronounced: 15.10.2019

Heard together (2 matters)

I.T.A. No.2032/Ahd/2016
CO No. 24/Ahd/2017

Read from the judgment's own cause title. This page is filed under one of them.

PER Ms. MADHUMITA ROY – JUDICIAL MEMBER:

The instant appeal filed by the revenue along with a Cross Objection filed by the assessee is directed against the order dated 30.05.2016 passed by the Commissioner of ITA No.2032/Ahd/2016 and CO No.24/Ahd/2017 Shri Hitendrakumar G. Patel Asst.Year – 2007-08 Income Tax (Appeals) – Gandhinagar, Ahmedabad arising out of the order dated 16.03.2015 passed by the ITO, Ward-1, Mehsana under section 147 r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2007-08. ITA No.2032/Ahd/2016 for A.Y. 2007-08 :

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 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. ITA No.2032/Ahd/2016 and CO No.24/Ahd/2017 Shri Hitendrakumar G. Patel Asst.Year – 2007-08 CO No.24/Ahd/2017 for A.Y. 2007-08 :

5.

At the time of hearing of the matter, the Learned Counsel for the assessee submitted before us that he is not pressing the CO. Hence, CO is dismissed as not pressed.

6.

In the combined result, revenue’s appeal is dismissed and assessee’s cross objection is dismissed as not pressed. This Order pronounced in Open Court on 15/10/2019 ( Ms. MADHUMITA ROY ) JUDICIAL MEMBER Ahmedabad; Dated 15/10/2019 Priti Yadav, Sr.PS

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)-2, Vadodara.

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.

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