SMT SADHNA SHARMA,BHOPAL vs. THE ITO-2(4), BHOPAL
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeal without going into the merits of the case. This was based on a CBDT circular regarding low tax effect for filing appeals.
What were the facts?
The Revenue appealed against the deletion of an addition made under Section 68 of the Income Tax Act by the Assessing Officer. The addition was related to certain credit entries in the assessee's books.
What were the issues?
Whether the Revenue's appeal is maintainable before the ITAT due to low tax effect as per CBDT Circular No. 3/2018.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: Shri Kul Bharat, Hon’ble & Shri Manish Borad, Hon’ble
per this circular department shall not file the appeal before the
Income Tax Appellate Tribunal (ITAT) in case the effect of tax does
not exceed the monetary limit of Rs.20 lacs. It is further specified
in Para 13 of the CBDT Circular No.3/2018 that the circular will
also apply retrospectively on all the pending appeals/cross
objections if the tax effect is below the specified tax limit and such
SPL Creation ITA 385/Ind/2017 appeals shall be withdrawn/not processed. It is also accepted by
both the parties that the issue raised in this appeal does not fall in
any of the exceptions provided in para 10 of the circular. We
therefore without going in to the merits of the case, dismiss the revenue’s appeal in lemine being not maintainable in view of CBDT
Circular No.3/2018 dated 11.7.2018.
In the result appeal of the revenue is dismissed.
Order pronounced in open Court on 26 July, 2018.
Sd/- Sd/- ( KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER July 26 , 2018 Dev/-
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- Shalini Vishwakarma vs. Icici BankMadhya Pradesh · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026
- M/S Hindustan Coca-Cola Beverages PVT. LTD. vs. The Commissioner, CGST And Cx, Dibrugarh And AnrGauhati · 14 Oct 2026
- M/S Shree Sushruta Health Services Private Limited vs. The Union Of INDIAPatna · 14 Oct 2026
- M/S Rst Batteries vs. Deputy Commissioner CGST Delhi West & Ors.Delhi · 14 Oct 2026