What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was hit by CBDT Circular No. 3 of 2018, which revised monetary limits for filing appeals. Since the tax effect did not exceed the prescribed limit, the appeal was dismissed.

The Revenue appealed against the deletion of an addition of Rs. 41,99,898/- by the CIT(A) concerning suppressed receipts. The assessee argued that the appeal was not maintainable due to a CBDT circular revising monetary limits for appeals.

What were the issues?

Whether the Revenue's appeal is maintainable in light of the revised monetary limits prescribed by CBDT Circular No. 3 of 2018.

ITO vs Shivmohan Singh, Vadodara | ITAT Ahmedabad 2019

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI MAHAVIR PRASAD & SHRI AMARJIT SINGH

Hearing: 30/07/2019

आदेश/O R D E R

PER AMARJIT SINGH - AM:

The appeal filed by the Revenue for A.Y. 2014-15, arise from order of the CIT(A)-3, Vadodara dated 15.02.2018, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.

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

“1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred by deleting the addition of Rs. 41,99,898/- on account of suppression of receipts.

2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in not considering the fact that the assessee has shown total receipts at Rs. 1,20,88,623/- in form 26AS and the deductor has made/deducted TDS of Rs. 2,20,879/- on total receipts of Rs. 1,20,88,623/- which was claimed by the assessee in the return of income. Since the TDS was deducted on the entire receipts of Rs. 1,20,88,623/- and the assessee has claimed entire TDS credit in the return of income filed for the year

under consideration, as such the assessee ought to have disclosed entire receipts also for the relevant assessment year.”

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.3 of 2018 dated 11/07/2018 revising the previous thresholds pertaining to tax effects. 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.20 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.20 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.

The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 3 of 2018. 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.

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

This Order pronounced in Open Court on 30/07/2019

Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 30/07/2019 TANMAY TRUE COPY आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4.आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध,आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण,अहमदाबाद । 2

THE ITO, WARD-3(1)(1), VADODARA vs. SHIVMOHAN SINGH, VADODARA

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