DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 7, PUNE vs. M/S. TATA FICOSA AUTOMOTIVE SYSTEMS LTD, PUNE

ITA 2076/PUN/2017Status: DisposedITAT Pune03 September 2019AY 2012-133 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 since the tax effect in the appeals was less than the revised monetary limit, the appeals were not maintainable. The CBDT circular also directed withdrawal of pending appeals below the revised limit.

What were the facts?

The Revenue filed appeals before the ITAT. The tax effect in these appeals was less than Rs. 50.00 lakh each. The CBDT had revised upward the monetary limits for filing appeals by the Department to Rs. 50.00 lakh.

What were the issues?

Whether appeals filed by the Revenue with a tax effect below the revised monetary limit prescribed by the CBDT are maintainable before the Tribunal.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Abhishek Meshran

For Respondent: Shri Sanket Bakshi &, Shri Abhishek Kulkarni

PER R.S.SYAL, VP : These appeals by the Revenue are directed against the orders dated 12.05.2017 passed by the Commissioner of Income-tax (Appeals)-5, Pune in relation to the assessment years 2013-14 & 2012-13. It has been fairly admitted by the ld. DR that the tax effect in these appeals is less than Rs.50.00 lakh each.

Recently, the CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of

2 ITA Nos.2075 & 2076/PUN/2017 M/s. Tata Ficosa Automotive Systems Ltd.,

appeals by the Department in Income-tax Cases before various

appellate forums. The earlier circular No.03/2018 dated 11-07-2018

fixed monetary limit for filing of appeals by the Revenue before the

Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the

recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect

in the instant appeals is less than the revised monetary limit of

Rs.50.00 lakh, we are not inclined to entertain these appeals.

At this juncture, it is pertinent to note that the CBDT vide

F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that

the revised monetary limits so mentioned in Circular No.17/2019

are applicable to all pending appeals. Not only that, it has further

been directed to the competent authorities to withdraw all such

appeals on or before 31-10-2019.

In view of the foregoing discussion, we dismiss the appeals filed by the Revenue.

In the result, both the appeals are dismissed. Order pronounced in the Open Court on 17th September, 2019.

Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 17th September, 2019 सतीश

ITA Nos.2075 & 2076/PUN/2017 M/s. Tata Ficosa Automotive Systems Ltd.,

आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to: अ�ेिषत आदेश आदेश आदेश 1. अपीलाथ� / The Appellant; 2. ��यथ� / The Respondent; 3. The CIT(A)-5, Pune 4. The Pr. CIT-4, Pune िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “B” / DR 5. ‘B’, ITAT, Pune; 6. गाड� फाईल / Guard file. आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 16-09-2019 Sr.PS 2. Draft placed before author 16-09-2019 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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