What did the Tribunal hold?

The Tribunal held that the CBDT circular regarding monetary limits for appeals applies retrospectively. Therefore, the appeals filed by the Revenue were not maintainable.

The Revenue filed multiple appeals before the ITAT. The Revenue then filed applications to withdraw these appeals. The reason for withdrawal was that the tax effect in dispute was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether appeals filed by the Revenue are maintainable when the tax effect is below the monetary limit prescribed by the CBDT, and if the CBDT circular applies retrospectively.

ACIT vs M/S Sunny Construction… | ITAT Nagpur 2018

34 IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE HON'BLE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & HONBLE SHRI G: MANJUNATHA, ACCOUNTANT MEMBER ITA Nos: 510 & 511/NAG/2014 (Asst_ Year : 2010-11) ACIT Circle-27 Room VS. Sunny Construction; 1 Sunny No. 318, 3r floor, Tower, Khat Road, Near Aayakar bhavan_ Khamb Talao, Bhandarra(MH) Telankhedi Road, Nagpur-440001 PAN No, AAKFS1SS8H 1-2 49 ITA No. 373/NAG/2015 (Asst_ Year 2006-07) ACIT , Circle-3, Room No. 321, Saraf Chambers, Sadar Nagpur-440001 Vs_ Ms Babasaheb Kedar Shetkari Sahakari Soot Girni Ltd, Hingna, Wanadongri; Nagpur-441110 PAN No. AAAANO318F ITA No. 520 & 521/NAG/2016 (Asst: Year : 2012-13 & 2O13-14) 4-5 ACIT wardha Circle Vs. Aayakar Bhavan, Civil Lines, Wardha-442001 Ms Varco Associates, Laxmi Residency; Near Tilak Smarak Mahadeo Mandir Road, Yavatmal, Yavatmal-445001 PAN No. AALFM7378Q (Appellants) (Respondents) Department By Assessee by Respective DRs Respectlve ARs Date of hearing Date of pronouncement: 24/10/2018. 24/10/2018_ GPVR Hg 2 QRDER PER BENCH The above listed appeals at the instance of the Revenue &re directed against the respective impugned orders passed by the respective Ld, Commissioner of Income Tax (Appeals) for respective Assessment Years as indicated above_ 2 In all the above appeals, revenue has moved an application for withdrawing the abave appeals as the tax effect pertaining to the amount disputed by the Revenue is less than the monetany limit of Rs. 20 lakh fixed by the CBDT in Circular No. 03/2018, dated 11/07/2018, which is in supersession Of its Circular No_ 821/2015 dated 10/12/2015, in relation to filing of appeals before Income Tax Appellate Tribunal; Taking into consideration the above, and also the fact that the CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeals filed by the Revenue are not maintainable and liable to be dismissed in limine. 3 In the net result, the above listed appeals of the Revenue stands dismissed. It is ordered accordingly _ Order Pronounced in open Court on this 24th October, 2018 - - (G: MANJUNATHA) (SANDEEP GOSAIN) Accountant Member Judicial Member Dated x 24 October, 2018. Sr-PS Dhananjay Copy to:

ACIT, CIRCLE-2, NAGPUR vs. M/S SUNNY CONSTRUCTION, BHANDARA(MH)

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