DCIT CIRCLE-2(1)(1), AGRA vs. MADHUSUDAN MOTORS P LTD, AGRA

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ITA 243/AGR/2018Status: DisposedITAT Agra03 July 2019AY 2012-132 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 tax effect in these appeals was below the limit prescribed by CBDT Circular No. 3/2018. Therefore, the appeals filed by the Revenue were dismissed as non-maintainable.

What were the facts?

The Revenue filed appeals against the deletion of an addition made by the Assessing Officer on account of disallowance under Section 36(1)(iii) of the Income Tax Act. The assessee had utilized interest-bearing funds for interest-free advances to related parties.

What were the issues?

Whether the appeals filed by the Revenue are maintainable given the tax effect below the prescribed limit by CBDT circular.

Which sections of the Income-tax Act were involved?

Section 36(1)(iii)

AI-generated summary — verify with the full judgment below

Before: Shri Laliet Kumar & Dr. Mitha Lal Meena

For Appellant: Shri Rajesh Malhotra, C.A
For Respondent: Shri Waseem Arshad, Sr. DR
Hearing: 03.07.2019Pronounced: 03.07.2019

In the Income-Tax Appellate Tribunal, Agra Bench, Agra

Before : Shri Laliet Kumar, Judicial Member And Dr. Mitha Lal Meena, Accountant Member

ITA Nos. 243, 244 & 245/Agr/2018 Assessment Years: 2012-13, 2013-14 & 2014-15

DCIT, Circle 2(1)(1), vs. M/s. Madhusudan Motors (P) Ltd. Agra. B-5, Lawyers Colony, Bye Pass Road, Agra. (PAN: AAACCM7645N) (Appellant) (Respondent)

Appellant by Shri Rajesh Malhotra, C.A. Respondent by Shri Waseem Arshad, Sr. DR

Date of Hearing 03.07.2019 Date of Pronouncement 03.07.2019

ORDER Per Bench: These appeals are filed by the Revenue raising the following common grounds : “1. That the Learned CIT(A) has erred in law and on facts in deleting the addition of Rs.38,37,000/- made by AO on account of disallowance u/s. 36(1)(iii) of the Act without appreciating the fact that the assessee utilized interest bearing funds to make interest free advances to related persons/mutual concerns without any business requirement.

2.

That the order of Ld. Commissioner of Income Tax (Appeals) being erroneous in law and on facts deserves to be quashed and that of the Assessing Officer deserves to be restored.”

2.

From the perusal of the grounds of appeal, it is clear that the tax effect involved in each of these appeals is below the limit of Rs.20 Lakhs, prescribed by

2 ITA Nos. 243, 244 & 245/Agr/2018

CBDT Circular No. 3/2018, dated 11th July, 2018, which is applicable even to the pending appeals. Thus, going by the prescription of Circular No. 3/2018, dated 11th July, 2018, we are of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same, as the tax effect in these appeals is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/-. Accordingly, we dismiss the appeals filed by the Revenue as non-maintainable.

3.

In the result, the appeals of the Revenue are dismissed. Order pronounced in the open court. Sd/- Sd/- (Dr. Mitha Lal Meena) (Laliet Kumar) Accountant Member Judicial member

Dated: *aks* Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order Assistant Registrar Income Tax Appellate Tribunal Agra Bench, Agra

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