What did the Tribunal hold?

The Tribunal held that as per CBDT Circular No. 17/2019, appeals with a tax effect below the specified monetary limit are not maintainable. The appeal was dismissed on this ground.

The Revenue filed an appeal against the order of the CIT(A) for AY 2008-09. The tax effect involved in the appeal was below Rs. 50.00 lakhs.

What were the issues?

Maintainability of the Revenue's appeal based on the monetary limit prescribed by CBDT circulars.

DCIT vs M/S Panc Transporters, Vijayawada | ITAT Visakhapatnam 2019

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE

For Appellant: Shri C. Subrahmanyam, FCA

For Respondent: Smt. Suman Malik – Sr.DR

Hearing: 24/09/2019

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER ITA No. 43/VIZ/2013 (Asst. Year : 2008-09) DCIT, Circle-2(1), vs. M/s. PANC Transporters, Vijayawada. 40-16-5, “RAVI”, Labbipet, Vijayawada. PAN No. AACFK 5025 B (Appellant) (Respondent)

Assessee by : Shri C. Subrahmanyam, FCA. Department By : Smt. Suman Malik – Sr.DR Date of hearing : 24/09/2019. Date of pronouncement : 27/09/2019. O R D E R PER V. DURGA RAO, JUDICIAL MEMBER This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals), Vijayawada, dated 14/11/2012 for the Assessment Year 2008-09. 2. When this appeal is taken up for hearing, ld.AR has submitted that the tax effect involved in this appeal is below Rs.50.00 lakhs and as per the CBDT Circular No. No.17/2019, dated 08/08/2019, this appeal is not maintainable and requested for dismissal of the same.

2 ITA No.43/VIZ/2013 (M/s. PANC Transporters) 3. On the other hand, ld.DR fairly accepted that the tax effect involved in this appeal is below Rs. 50.00 lakhs. 4. In view of the CBDT Circular No.17/2019, dated 08/08/2019, which was followed by Notification No.279/Misc/M-93/2018-ITJ, dated 20/08/2019 wherein clarified that the revised monetary limits mentioned in Circular No.17/2019 are applicable to all pending appeals also, this appeal filed by the Revenue is not maintainable and is dismissed accordingly. 5. In the result, appeal filed by the Revenue is dismissed. Order Pronounced in open Court on this 27th day of Sept., 2019.

Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated: 27th September, 2019. vr/- Copy to: 1. The Assessee–M/s. PANC Transporters, 40-16-5, “RAVI”, Labbipet, Vijayawada. 2. The Revenu-DCIT, Circle-2(1), Vijayawada. 3. The CIT, Vijayawada. 4. The CIT(A), Vijayawada. 5. The D.R., Visakhapatnam. 6. Guard file. By order

(VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Visakhapatnam.

THE DY. CIT, CIRCLE - 2(1), VIJAYAWADA vs. M/S PANC TRANSPORTERS, VIJAYAWADA

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments