What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable due to the revised monetary limits prescribed by CBDT Circular No. 17 of 2019, as the tax effect did not exceed the new threshold.

The Revenue filed an appeal against the CIT(A)'s order for AY 2012-13. The assessee argued that the appeal was hit by a new 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 for appeals stipulated by the CBDT.

DCIT vs Gujarat Apollo Industries Ltd. | ITAT Ahmedabad 2019

Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH

Before: SHRI MAHAVIR PRASAD & SHRI WASEEM AHMED

For Appellant: Shri Vinod Tanwari, Sr. D.R

PER MAHAVIR PRASAD, JUDICIAL MEMBER

This appeal filed by the Revenue is directed against the order of the Ld. CIT(A)-2, Ahmedabad dated 25.01.2016 pertaining to A.Y. 2012-13.

2 . A.Y. 2012-13 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. 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.

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.

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

Order pronounced in Open Court on 10- 10- 2019

THE DCIT, CIRCLE-2(1)(1), AHMEDABAD vs. GUJARAT APOLLO INDUSTRIES LTD., AHMEDABAD

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