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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI D. KARUNAKARA RAO, AM SHRI S.S. VISWANETHRA RAVI, JM
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.