ASSISTANT COMMISSIONER OF INCOME TAX vs. MILIND BHALCHANDRA GATNE, NASHIK

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ITA 211/PUN/2017Status: DisposedITAT Pune18 July 2019AY 2013-143 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 due to the low tax effect involved, as per the CBDT circular.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition made on account of deduction claimed under Section 54F. Both parties agreed that the tax effect in the appeal was below the monetary limit prescribed by CBDT Circular No. 3/2018.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed on the grounds of low tax effect as per CBDT Circular No. 3/2018.

Which sections of the Income-tax Act were involved?

Section 54F

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

For Appellant: Shri Sanket Joshi

PER VIKAS AWASTHY, JM :

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-1, Nashik dated 23-11-2016 for the assessment year 2013-14.

2.

Shri Sanket Joshi appearing on behalf of the assessee submitted at the outset that the appeal of the Revenue is liable to be dismissed on account of low tax effect in terms of CBDT Circular No. 3/2018, dated 11-07-2018. The ld. AR submitted that the tax effect in the appeal is approx. Rs.15 lakhs.

2 ITA No. 211/PUN/2017, A.Y. 2013-14

3.

Mrs. Shabana Parveen representing the Department fairly admitted that in the present appeal by the Department tax effect is less than Rs.20 Lakhs.

4.

Both sides heard. The Revenue is in appeal against the order of Commissioner of Income Tax (Appeal) in deleting the addition on account of deduction claimed u/s. 54F of the Act. Both sides agree that the tax effect involved in appeal is less than the monetary limit prescribed by the CBDT Circular for filing of appeals before the Tribunal by the Department. The CBDT vide Circular No. 3/2018, dated 11-07-2018 has raised the monetary limit of tax effect for filing of appeals by the Department before the Tribunal to Rs.20 lakhs. The Circular applies to the appeals to be filed by the Department in future as well as the appeals pending before the Tribunal. Without going into merit of the issues raised in the appeal, the present appeal of the Revenue is dismissed on account of low tax effect.

5.

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 (supra).

6.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court at the time of hearing on Thursday, the 18th day of July, 2019.

Sd/- Sd/- (डी. करुणाकरा राव/D. Karunakara Rao) (ववकास अवस्थी / Vikas Awasthy) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 18th July, 2019 RK

3 ITA No. 211/PUN/2017, A.Y. 2013-14

आदेश की प्रयिलऱवऩ अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A)-1, Nashik 3. 4. The Pr. Commissioner of Income Tax-1, Nashik ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, “ए” बेंच, 5. ऩुणे / DR, ITAT, “A” Bench, Pune. गाडड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रयत // True Copy// आदेशानुसार / BY ORDER,

यनजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

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