THE ACIT, CIRCLE-2(1)(2), AHMEDABAD vs. M/S. MAHADEV PULSES PVT. LTD., AHMEDABAD
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal acknowledged the CBDT circular and the Revenue's admission of its applicability. Consequently, the Revenue's appeal was dismissed as not maintainable.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order which allowed the assessee's claim for deduction. The assessee argued that the appeal was not maintainable due to a CBDT circular regarding monetary limits for appeals.
What were the issues?
Whether the Revenue's appeal is maintainable in light of the CBDT circular on monetary limits for appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: SHRI PRADIP KUMAR KEDIA & SHRI MAHAVIR PRASAD
आदेश/O R D E R
PER PRADIP KUMAR KEDIA - AM:
The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-2, Ahmedabad (‘CIT(A)’ in short), dated 08.08.2017 arising in the assessment order dated 25.02.2016 passed by the Assessing Officer (AO) under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2013-14.
The grounds of appeal raised by the Revenue read as under:-
“1. The Ld CIT(A) erred in law and on facts in considering the activity of the assessee to be an integrated business eligible for deduction u/s 80(IB)(11A) of the Act.
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.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 08/07/2019
Sd/- Sd/- (MAHAVIR PRASAD) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad: Dated 08/07/2019 True Copy S. K. SINHA 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 ।
More judgments on Section 80IB(11A)
- Nokha Agro Services Private Limited, Bikaner vs ACIT Circle-1, BikanerITA 927/JODH/2025[2016-17]Status: Disposed21 May 2026AY 2016-17
- Imagine Enterprises, Lucknow vs DCIT-3 Lucknow New, Pratyakshkar BhawanITA 326/LKW/2026[2016-17]Status: Disposed8 May 2026AY 2016-17
- Anand Foods, Dehradun vs ITO Ward 2(2)(1), KashipurITA 141/DDN/2025[2021-22]Status: Disposed12 Jan 2026AY 2021-22
- Dodla Dairy Limited, Hyderabad vs DCIT., Circle-8(1), HyderabadITTPA 1301/HYD/2024[2021-22]Status: Disposed26 Nov 2025AY 2021-22
- Dodla Dairy Limited, Hyderabad vs DCIT Circle -8(1), HyderabadITA 466/HYD/2022[2018-19]Status: Disposed26 Nov 2025AY 2018-19
Recent GST High Court judgments
Search GST case law →- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026