SMT SADHNA SHARMA,BHOPAL vs. THE ITO-2(4), BHOPAL

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ITA 396/IND/2017Status: DisposedITAT Indore18 July 2018AY 2007-084 pages
AI SummaryDismissed

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?

Section 68

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

For Appellant: Shri R.P. Morya, Sr.DR
For Respondent: Shri Mahesh Agrawal &
Hearing: 25.7.2018

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SPL Creation ITA 385/Ind/2017 appeals shall be withdrawn/not processed.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.

5.

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/-

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