THE ITO, WARD-2(4), PORBANDAR vs. M/S. POOJA SHIPPING CO., PORBANDAR

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ITA 474/RJT/2012Status: DisposedITAT Rajkot05 September 2019AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was liable to be dismissed in limine as the tax effect did not exceed the revised monetary limit of Rs. 50 Lakhs, as per the CBDT circular.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A). The assessee argued that the appeal was hit by a new CBDT circular revising monetary thresholds 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.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: SHRI WASEEM AHMED&

For Appellant: Shri Praveen Verma, Sr. D.R
For Respondent: Shri Chetan Agarwal, A.R
Hearing: 03.09.2019Pronounced: 05.09.2019

PER Ms. MADHUMITA ROY – JUDICIAL MEMBER:

The instant appeal filed by the Revenue is directed against the order dated 12.06.2012 passed by the Commissioner of Income Tax (Appeals) - Jamnagar arising out of the order dated 27.12.2011 passed by the ITO, Ward – 2(4), Porbandar under section 144 r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2009-10.

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 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

- 2 - ITA No.474/Rjt/2012 The ITO Vs. M/s. Pooja Shipping Co., Asst.Year – 2009-10

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.

In the result, the appeal of the Revenue is dismissed. 4. This Order pronounced in Open Court on 05/09/2019

Sd/- Sd/- ( Ms. MADHUMITA ROY ) ( WASEEM AHMED ) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 05/09/2019 Priti Yadav, Sr.PS

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) - Jamnagar. 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 //True Copy// उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, राजोकट / ITAT, Rajkot 1. Date of dictation 04.09.2019. 2. Date on which the typed draft is placed before the Dictating Member 04.09.2019 3. Other Member…………. 4. Date on which the approved draft comes to the Sr.P.S./P.S ………….. 5. Date on which the fair order is placed before the Dictating Member for pronouncement… 6. Date on which the fair order comes back to the Sr.P.S./P.S……. 7. Date on which the file goes to the Bench Clerk………………… 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Despatch of the Order………………

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