INCOME TAX OFFIER,WARD 1(1), NAGPUR vs. M/S SRIVARI BUILDERS & DEVELOPERS, NAGPUR

ITA 70/NAG/2018Status: DisposedITAT Nagpur28 March 2019AY 2014-20154 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect in the appeal was less than the monetary limit prescribed by the CBDT Circular for filing appeals. Therefore, the appeal was dismissed on the grounds of low tax effect without going into the merits of the issues.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting additions made under Section 43CA and Section 40(a)(ia) of the Income Tax Act. The assessee argued that the appeal should be dismissed due to low tax effect as per CBDT Circular No. 3/2018.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect as per the prevailing CBDT circular. The applicability of CBDT Circular No. 3/2018 to pending appeals.

Which sections of the Income-tax Act were involved?

Section 43CA,Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri K.P. Dewani
For Respondent: Shri U.U. Kasar

PER VIKAS AWASTHY, JM :

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-1, Nagpur dated 29-01-2018 for the assessment year 2014-15. 2. Shri K.P. Dewani appearing on behalf of the assessee submitted at the outset that the appeal by Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No. 3/2018, dated 11-07-2018. 3. Shri Sh

The order continues below.

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