What did the Tribunal hold?

The Tribunal noted that the tax effect in the appeal did not exceed the revised monetary limit of Rs. 50,00,000/- for filing appeals by the department. Therefore, the appeal was not maintainable.

The department filed an appeal before the ITAT against an order of the CIT(A) for assessment year 2010-11. The tax effect in the appeal was calculated to be less than Rs. 50 lacs.

What were the issues?

The primary issue was whether the department's appeal was maintainable given the tax effect was below the prescribed monetary limit for appeals before the ITAT.

ITO vs Shri Raju, Kishangarh | ITAT Jaipur 2018

Income Tax Appellate Tribunal, JAIPUR BENCH ‘A’ JAIPUR

Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 506/JP/2018

Hearing: 20.08.2019Pronounced: 21.08.2019

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH ‘A’ JAIPUR Jh fot; iky jkWo] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 506/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2010-11 cuke ITO, Shri Raju, Vs. Ward-2, S/o Shri Rampalm, Nr. Pani Ki Kishangarh Tanki, Nr. Mandir Azad Nagar, Madanganj, Kishangarh LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. ATAPR0779E vihykFkhZ@Appellant izR;FkhZ@Respondent

jktLo dh vksj ls@ Revenue by : Shri J. C. Kulhari (JCIT) fu/kZkfjrh dh vksj ls@Assessee by : None lquokbZ dh rkjh[k@ Date of Hearing : 20.08.2019 ?kks"k.kk dh rkjh[k@ Date of Pronouncement : 21.08.2019 vkns'k@ ORDER

PER: VIKRAM SINGH YADAV, A.M. This appeal by the department is directed against the order dated 12.02.2018 of ld. CIT (A)-2, Udaipur for the assessment year 2010-11. As per the grounds of appeal, the tax effect calculated by the AO in respect of the relief granted by the ld. CIT (A) which has been challenged in the present appeal is less than Rs. 50 lacs. 2. None has appeared on behalf of the assessee. We have heard the ld. D/R. At the outset, we note that the tax effect in this appeal is not exceeding the monetary limit as revised by the CBDT vide Circular dated 08.08.2019 for the purpose of filing of appeal by the department before the Income Tax Appellate Tribunal from Rs.

ITA No. 506-JP-2018 ITO, Kishangarh vs. Shri Raju, Kishangarh

20,00,000/- to Rs. 50,00,000/-. For ready reference, we reproduce the CBDT

Circular No. 17 of 2019 dated 08.08.2019 as under :-

Further Enhancement of Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court - Amendment to Circular 3 of 2018 - Measures for reducing litigation.

Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLPs in Income- Monetary Limit (Rs.) Monetary Limit (Rs.) tax matters (previous limit) (Revised Limit) Before Appellate 20,00,000 50,00,000 Tribunal Before High Court 50,00,000 1,00,00,000 Before Supreme Court 1,00,00,000 2,00,00,000

• The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. • Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. • In case where a composite order/ judgement involves more than one assessee, each assessee shall be dealt with separately.”

Accordingly, the appeal of the department is not maintainable being monetary limit

is less than/not exceeding Rs. 50,00,000/-.

ITA No. 506-JP-2018 ITO, Kishangarh vs. Shri Raju, Kishangarh 3. The department is at liberty to file the Miscellaneous Application in case the tax effect in this appeal is found to be more then Rs. 50,00,000/- or the case falls in any of the exceptions of the circular. 4. In the result, appeal of the department is dismissed.

Order pronounced in the open court on 21/08/2019.

Sd/- Sd/- ¼fot; iky jko½ ¼foØe flag ;kno½ (Vijay Pal Rao) (Vikram Singh Yadav) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 21/08/2019. Ganesh Kr. आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- ITO, Ward-2, Kishangarh 2. izR;FkhZ@ The Respondent- Shri Raju, Kishangarh 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 6. xkMZ QkbZy@ Guard File {ITA No. 506/JP/2018} vkns'kkuqlkj@ By order, सहायक पंजीकार@Aेेज. त्महपेजतंत

INCOME TAX OFFICER, WARD-2, KISHANGARH vs. SHRI RAJU, KISHANGARH

What did the Tribunal hold?

What were the facts?

What were the issues?

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