THE ACIT,BHARUCH CIRCLE, BHARUCH vs. M/S. NARAYAN LAND ESTATE, BHARUCH
What did the Tribunal hold?
The Tribunal dismissed the appeal as not pressed, citing a CBDT circular that prohibits filing appeals with a tax effect below Rs. 20 lakhs. The circular was also stated to be applicable retrospectively.
What were the facts?
The Revenue appealed against the deletion of an addition made under Section 80IB(10) of the Income Tax Act. The tax effect of the departmental appeal was below Rs. 20 lakhs.
What were the issues?
Whether the departmental appeal should be entertained when the tax effect is below the monetary limit prescribed by CBDT circulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: SHRI BHAVNESH SAINI & SHRI O.P.MEENA
ACIT, Bharuch Circle, Bharuch Vs. Narayan Land Estate /ITA No.1555/AHD/2014 Page 1 of 2
आयकर अपील�य अ�धकरण,सुरत �यायपीठ, सुरत IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER आ.अ.सं./I.T.A.No.1555/AHD/2014 �नधा�रण वष�/Assessment Year : 2010-11 Assistant Commissioner of Income Vs. M/s.Narayan Land Estate, Tax, Bharuch Circle, Bharuch. Narayan Chambers, B/h Indian Oil petrol Pump Station Road, Bharuch – 392 001. [PAN: AACFN 0406 B] अपीलाथ� Appellant ��यथ�/Respondent �नधा�रती क� ओर से /Assessee by: Shri Abhimanyu Singh Bhati and Shri Umaid Singh Bhati – Advocate राज�व क� ओर से /Revenue by: Shri Prasoon Kabra - Sr.DR
13.05.2019 सुनवाई की तारीख/ Date of hearing: उ�घोषणा क� तार�ख/Pronouncement on: 13.05.2019 आदेश /O R D E R PER BHAVNESH SAINI, JM: This appeal by the Revenue has been directed against the order of 1. Learned Commissioner of Income Tax (Appeals)-VI, Baroda dated 14.02.2014 for assessment year 2010-11 challenging the deletion of addition ofRs.50,98,729/- u/s.80IB(10) of the Income Tax Act.
Admittedly, the tax effect in the Departmental Appeal is below 2. Rs.20 lakhs. According to CBDT Circular No.3 of 2018 date 11.07.2018 it was directed that Departmental Appeal henceforth shall not be filed before Appellate Tribunal if the tax effect does not exceed monetary limit
ACIT, Bharuch Circle, Bharuch Vs. Narayan Land Estate /ITA No.1555/AHD/2014 Page 2 of 2
of Rs.20 lakhs. The appeals already filed shall not be pressed or withdrawn by the Department. The Board circular is applicable retrospectively.
In view of the above Board Circular, Learned Departmental 3. Representative did not press the Departmental Appeal. Since, Departmental Appeal has been filed in violation of above Board Circular, therefore Departmental Appeal is dismissed as not pressed.
In the result, Departmental Appeal is dismissed. 4.
The order pronounced in the open court 13-05-2019. 5.
Sd/- Sd/- (O.P.MEENA) (BHAVNESH SAINI) (लेखासद�यकेसम� /ACCOUNTANT MEMBER) (�याियकसद�यतथा/JUDICIAL MEMBER) सुरत/ Surat, �दनांक Dated: 13th May , 2019/S.Gangadhara Rao, Sr.PS Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order / / TRUE COPY / / Assistant Registrar, Surat
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