DEPUTY COMMISSIONER OF INCOME TAX,(EXEMPTION), CIRCLE, PUNE vs. OM SHRI LAXMINARAYAN BALMUKUND S.K. PANT WALAWALKAR KAPAD DUKAN TRUST, KOLHAPUR

ITA 1898/PUN/2017Status: DisposedITAT Pune08 November 2019AY 2009-103 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 the appeals was less than the monetary limit prescribed by the CBDT circulars for filing appeals. Therefore, the appeals were dismissed on this ground.

What were the facts?

The Revenue filed five appeals against a common order of the CIT(A) for assessment years 2009-10 to 2013-14. The assessee argued that the appeals should be dismissed due to low tax effect as per CBDT circulars.

What were the issues?

The primary issue was whether the Revenue's appeals should be dismissed due to low tax effect, as per prevailing CBDT circulars.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI D. KARUNAKARA RAO, AM SHRI S.S. VISWANETHRA RAVI, JM

For Appellant: Shri Nikhil Pathak

For Respondent: Shri Pankaj Garg

Pronounced: 08.11.2019

आदेश / ORDER

PER BENCH :

All these five appeals are filed by the Revenue against a common order dated 17.05.2017 passed by the Commissioner of Income Tax (Appeals) – 2 Kolhapur for the assessment years 2009-10 to 2013-14.

Before us, at the outset, Shri Nikhil Pathak, Ld.A.R. of the assessee submitted that the appeals of the Revenue are liable to be dismissed on account of low tax effect in terms of latest CBDT Circular No.17/2019 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 08th August, 2019 read with

Circular No.3 of 2018 dated 11.07.2018. The Ld.A.R. submitted that the

Revenue in appeals raised grounds assailing the findings of CIT(A) in

deleting the additions. Thus, the tax effect on the said additions is less

than Rs.50 lakhs. Shri Pankaj Garg, the Ld. D.R. for the Revenue fairly

admitted that in the present appeals filed by the Revenue the tax effect is

less than Rs.50 lakhs.

Heard and perused the material available on record. We find that the

Revenue is in appeals against the order of CIT(A) in deleting the additions.

Undisputedly, the tax effect involved in appeals is less than the monetary

limit prescribed by the recent CBDT Circular No.17/2019

[F.No.279/Misc.142/2007-ITJ (Pt)] dated 08th August, 2019 read with

Circular No.3 of 2018 dated 11.07.2018 for filing of appeals before the

Tribunal by the Department. The CBDT vide circular dated 08-08-2019

(supra) has amended Para 3 of Circular No.3 of 2018 dated 11-07-2018

thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50

Lakhs for filing of appeals by the Department before the Tribunal. Thus,

without going into merit of the issues raised in the appeals, in view of the

CBDT Circular (supra) all the appeals of the Revenue are dismissed on

account of low tax effect.

Before parting, we clarify here that the Revenue shall be at liberty to

approach the Tribunal for restoration of appeals, with the requisite material

to show that the appeals are protected by the exceptions prescribed in

Para 10 of the Circular dated 11-07-2018 and its amendment dated

20-08-2018.

In the result, all the appeals of the Revenue are dismissed.

Order pronounced on 8th day of November, 2019.

Sd/- Sd/- (D. KARNUKARA RAO) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER

पुणे Pune; �दनांक Dated : 8th November, 2019. Yamini

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent 3. CIT(A)-2, Kolhapur. 4. CIT(Exemption), Pune. 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “बी”/ DR, ITAT, “B” Pune; 6. गाड� फाईल / Guard file.

आदेशानुसार/ BY ORDER,स �या // / TRUE COPY / / // True Copy //

व�र�ठ �नजी स�चव / Sr. Private Secretary आयकर अपील�य अ�धकरण ,पुणे / ITAT, Pune.

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