What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable as the tax effect was below the revised monetary limit set by the CBDT. Consequently, the appeal was not entertained.

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than Rs. 50.00 lakh, which was the revised monetary limit for filing appeals by the Department. The CBDT circular clarified that these revised limits apply to all pending appeals.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the tax effect is below the revised monetary limits prescribed by the CBDT for filing appeals before the Tribunal.

DCIT vs M/S. Jfe Shoji India Pvt.Ltd | ITAT Pune 2019

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

Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Sujit Thakur &, Shri Chetan Kothari

For Respondent: Shri Shanshank Deogadkar

PER R.S.SYAL, VP :

This appeal by the Revenue is directed against the order dated 20.11.2018 passed by the Commissioner of Income-tax (Appeals)- 13, Pune in relation to the assessment year 2013-14. It has been

2 ITA No.212/PUN/2019 M/s. JFE Shoji India Private Limited

fairly admitted by the ld. DR that the tax effect in this appeal is less

than Rs.50.00 lakh

Recently, the CBDT has issued circular No.17/2019 dated

08-08-2019 revising upward the monetary limits for filing of

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 appeal is less than the revised monetary limit of

Rs.50.00 lakh, we are not inclined to entertain this appeal.

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 appeal filed

by the Revenue.

ITA No.212/PUN/2019 M/s. JFE Shoji India Private Limited

In the result, the appeal is dismissed. Order pronounced in the Open Court on 28th August, 2019.

Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 28th August, 2019 सतीश 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 अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. 3. The CIT(A)-13, Pune 4. The Pr.CIT-6, Pune िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “सी” / 5. DR ‘C’, ITAT, Pune; 6. गाड� फाईल / Guard file. आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 28-08-2019 Sr.PS 2. Draft placed before author 28-08-2019 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. *

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14, PUNE vs. M/S. JFE SHOJI INDIA PVT.LTD, PUNE

What did the Tribunal hold?

What were the facts?

What were the issues?

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