ASSISTANT COMMISSIONER OF INCOME-TAX, PUNE vs. THERMAX ENGG. CONSTRUCTION CO. LTD., PUNE

ITA 958/PUN/2017Status: DisposedITAT Pune27 August 2019AY 2011-122 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 dismissed the Revenue's appeal without going into the merits of the case. This was solely based on the low tax effect, which fell below the monetary limit set by the CBDT circulars for filing appeals.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting certain additions. The assessee argued for dismissal due to low tax effect as per CBDT circulars. The Revenue conceded that the tax effect was below the prescribed limit.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per the prevailing CBDT circulars.

Which sections of the Income-tax Act were involved?

Not specified in the judgment text

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

Hearing: 27.08.2019Pronounced: 27.08.2019

PER D. KARUNAKARA RAO, AM: This appeal is filed by the Revenue against the order of the CIT(A)- 6, Pune dated 30.12.2016 for the assessment year 2011-12. 2. Before us, at the outset, ld. counsel for the assessee submitted that the appeal of the Revenue is 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. Counsel for the assessee submitted that the Revenue in appeal 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.

The ld. DR for the Revenue fairly admitted that in the present appeal by the Revenue the tax effect is less than Rs.50 lakhs.

Both sides heard. The Revenue is in appeal against the order of CIT(A) in deleting the additions. Undisputedly, the tax effect involved in 2 appeal 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 appeal, in view of the CBDT Circular (supra) the present appeal of the Revenue is 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 appeal, with the requisite material to show that the appeal is protected by the exceptions prescribed in Para 10 of the Circular dated 11-07-2018 and its amendment dated 20-08-2018. 6. In the result, appeal of the Revenue is dismissed. Order pronounced in the open Court on 27th day of August, 2019. (िवकास अव"थी /VIKAS AWASTHY) (डी. क"णाकरा राव/D. KARUNAKARA RAO) "याियक सद"य/JUDICIAL MEMBER लेखा सद"य/ACCOUNTANT MEMBER पुणे / Pune; "दनांक / Dated : 27th August, 2019. Sujeet आदेश क" "ितिलिप अ"ेिषत / Copy of the Order forwarded to : अपीलाथ" / The Appellant.

""यथ" / The Respondent.

2.3.

The CIT(A)-6, Pune.

The Pr.CIT-5, Pune. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, “ए” ब"च, 5. पुणे / DR, ITAT, “A” Bench, Pune. गाड" फ़ाइल / Guard File. 6. आदेशानुसार / BY ORDER, //// Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.

Recent GST High Court judgments

Search GST case law →