ACIT, CIRCLE-3, NAGPUR vs. M/S. BABASAHEB KEDAR SHETKARI SAHAKARI SOOT GIRNI LTD., NAGPUR

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ITA 49/NAG/2015Status: DisposedITAT Nagpur24 October 2018AY 2006-072 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 held that the appeals filed by the Revenue were not maintainable as they did not meet the monetary limit criteria set by the CBDT. The CBDT circular was applicable retrospectively to pending appeals.

What were the facts?

The Revenue filed appeals before the ITAT against various orders of the CIT(A). The tax effect in these appeals 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 prescribed monetary limit. Applicability of CBDT circulars regarding monetary limits to pending appeals.

AI-generated summary — verify with the full judgment below

34 IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH; NAGPUR BEFORE HON'BLE SHRI SANDEEP GOSAIN, JURICIAL MEMBER & HON'BLE SHRI G. MANJUNATHA ACCOUNTANT MEMBER ITA Nos. 510 & 511/NAG/2014 (Asst; Year 2010-11) ACIT Circle-2, Room VS. Sunny Construction, 1 Sunny 1-2 No_ 318, 3r floor, Tower, Khat Road, Near Aayakar bhavan_ Khamb Talao, Bhandarra(MH) Telankhedi Road, Nagpur-440001 PAN No, AAKFSLSS8H 43 ITA No. 379/NAG/ 2015 (Asst: Year : 2006-07) ACIT , Circle-3 , Room No. 321, Saraf Chambers; Sadar Nagpur-440001 Vs. Ms Babasaheb Kedar Shetkari Sahakari Soot Girnj Ltd_ Hingna, Wanadongri, Nagpur-441110 PAN No. AAAANO318F GPur ITA No. 520 & 521/NAG/ 2016 (Asst Year : 2012-13 & 2013-14) 4-5 ACIT Wardha Circle, Vs_ Ms Varco Associates; Laxml Aayakar Bhavan, Civil Residency , Near Tilak Srarak Lines, Wardha-442001 Mahadeo Mandir Road, Yavatmal, Yavatmal-445001 PAN No. AALFM7378Q (Appellants) (Respondents) Department By Assessee by Respective DRs Respective ARs Date of hearing Date of pronouncement: 24/10/2018. 24/10/2018.

He ORDE R PER BENCH The above listed appeals at the instance of the Revenue are 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 above appeals as the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs. 20 lakh fixed by the CBDT in Circular No. 03/2018, dated 11/07/2018, which is in supersession of its Circuiar Na. Fr 72841/2015 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 7 24 October, 2018. Sr-PS.Dhananjay Copy to:

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