THE ITO, WARD-2(2)(1),, AHMEDABAD vs. SHRI DASHRAT SHANKARBHAI PATEL,, AHMEDABAD

The grievances, in Revenue’s appeal and assessee’s Cross Objection, raised being common, both the cases were heard together and disposed of by the common order.

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

At the time of hearing, it was submitted by the Ld.AR for the assessee that the 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 instruction, 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. with CO No. 111/Ahd/16 [ITO vs.Shri Dashrat S. Patel] A.Y. 2012-13 - 3 -

The Ld.AR for the assessee at the time of hearing stated that assessee does not want to press the cross objection. The Cross Objection is accordingly dismissed as not pressed.

In the combined result, the appeal of the Revenue is dismissed, whereas assessee’s Cross Objection is dismissed as not pressed.