THE DY. COMMR. OF INCOME TAX, SURENDRANAGAR CIRCLE, SURENDRANAGAR vs. THE SURENDRANAGAR MERCANTILE CO. OP. BANK LTD., SURENDRANAGAR

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ITA 470/RJT/2015Status: DisposedITAT Rajkot21 October 2019AY 2007-083 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was to be dismissed as it was not maintainable due to the applicability of the revised CBDT circular. The tax effect in the appeal did not exceed the prescribed monetary limit.

What were the facts?

The Revenue filed an appeal against an order concerning penalty under Section 271(1)(c) for AY 2007-08. The assessee argued that the appeal was hit by a new CBDT circular revising monetary limits for 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.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: SHRI PRADIP KUMAR KEDIA&

For Appellant: Shri Suhas Mistry, Sr. D.R
For Respondent: Shri D. M. Rindani, A.R
Hearing: 14.10.2019Pronounced: 21.10.2019

PER Ms. MADHUMITA ROY – JUDICIAL MEMBER:

The instant appeal filed by the Revenue is directed against the order dated 14.07.2015 passed by the Commissioner of Income Tax (Appeals) - 7, Ahmedabad arising out of the order dated 28.10.2010 passed by the DCIT, Surendranagar Circle, Surendranagar under section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2007-08. 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. It is inter alia Asst.Year – 2007-08 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 instructions, 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, the appeal of the Revenue is dismissed. This Order pronounced in Open Court on 21/10/2019 ( Ms. MADHUMITA ROY ) JUDICIAL MEMBER Ahmedabad; Dated 21/10/2019 Asst.Year – 2007-08

आदेश क" ""त"ल"प अ"े"षत/Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant

2.

""यथ" / The Respondent. 3. संबं"धत आयकर आयु"त / Concerned CIT 4. आयकर आयु"त(अपील) / The CIT(A) – 7, Ahmedabad.

5.

"वभागीय ""त"न"ध, आयकर अपील"य अ"धकरण,राजोकट/DR,ITAT, Rajkot 6. गाड" फाईल / Guard file. आदेशानुसार/ BY ORDER, स"या"पत ""त //// उप/सहायक पंजीकार (Dy./Asstt.

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