THE DCIT, SABARKANTHA CIRCLE, HIMATNAGAR vs. SHRI DEVENDRAKUMAR MOHANLAL SHARMA, GANDHINAGAR

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ITA 2825/AHD/2017Status: DisposedITAT Ahmedabad09 October 2019AY 2014-152 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 Revenue's appeal was not maintainable due to the CBDT circular, which revised the monetary threshold for appeals. The appeal was dismissed based on the tax effect not exceeding the prescribed limit.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2014-15. The assessee argued that the appeal was hit by a new CBDT circular regarding monetary limits for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable in light of the revised monetary limits prescribed by CBDT Circular No. 17 of 2019 for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH

Before: SHRI PRADIP KUMAR KEDIA & SHRI MAHAVIR PRASAD

For Appellant: Shri Lalit P. Jain, Sr. D.R

PER MAHAVIR PRASAD, JUDICIAL MEMBER

1.

This appeal filed by the Revenue is directed against the order of the Ld. CIT(A)-2, Ahmedabad dated 28.01.2017 pertaining to A.Y. 2014-15.

2 . A.Y. 2014-15 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.

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, appeal filed by the Revenue is dismissed.

Order pronounced in Open Court on 09 - 10- 2019

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