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Income Tax Appellate Tribunal, “ SMC ” BENCH, AHMEDABAD
Before: SHRI MAHAVIR PRASAD & SHRI WASEEM AHMED
आदेश / O R D E R
PER MAHAVIR PRASAD, JUDICIAL MEMBER:
The captioned appeal has been filed at the instance of the revenue against the order of the Commissioner of Income Tax (Appeal)-1, Ahmedabad [CIT(A) in short] dated 16.11.2011 arising in the matter of assessment order passed under s.143(3) r.w.s 254 of the Income Tax Act, 1961(here-in-after referred to as "the Act") dated 16.11.2011 relevant to Assessment Year (AY) 2002-03.
ITA No.393/Ahd/2012 ACIT vs. Mahalaxmi Housing & Finstock Pvt. Ltd. A.Y. 2002-03
- 2 - 2. The grounds of appeal raised by the Revenue are as under:-
“1) The Ld.CIT(A) has erred in law and on facts in directing the Assessing Officer to delete the addition of Rs.47,48,870/- made on account of unexplained cash credits u/s.68 of the Act. 2) On the facts and in the circumstances of the case and in law, the CIT(A) ought to have upheld the order of the A.O. 3) It is, therefore, prayed that the order of the CIT (A) be set aside and that of the A.O. be restored to the above extent.” 3. At the time of the hearing, we observe that the tax effect in the appeal filed by the Revenue is less than Rs. 20 lacs. As per the Circular No. 3 of 2018 dated 11/07/2018 issued by CBDT recently all pending appeals filed by Revenue are liable to be dismissed/ withdrawn/ not pressed to reduce the litigation where the tax effect does not exceed the prescribed monetary limit, i.e., Rs.20 Lacs. The relevant extract of the circular is reproduced below: “2. In supersession of the above Circular, it has been decided by the Board that departmental appeals may be filed on merits before Income Tax Appellate Tribunal and High Courts and SLPs/ appeals before Supreme Court keeping in view the monetary limits and conditions specified below. 3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:
S. Appeals/ SLPs in Income-tax matters Monetary Limit No. (Rs.) 1. Before Appellate Tribunal 20,00,000 2. Before High Court 50,00,000 3. Before Supreme Court 1,00,00,000 The monetary limit for filing the appeals by the Revenue before the Tribunal has been increased to Rs. 20 Lacs. It is also clarified in the said
ITA No.393/Ahd/2012 ACIT vs. Mahalaxmi Housing & Finstock Pvt. Ltd. A.Y. 2002-03
- 3 - Circular that the said monetary limit is applicable retrospectively even to the appeals pending before the Tribunal. The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.20 lacs may be withdrawn / not pressed.
In the case on hand, it was noticed that the tax effect on the disputed issue raised by the Revenue is claimed to be less Rs.20 Lacs. Therefore appeal of the Revenue is required to be dismissed in limine in terms of the above circular.
The Ld. DR for the Revenue fairly agreed on the applicability of the CBDT Circular No. 3 of 2018. Accordingly, the appeal of the Revenue is dismissed as not maintainable. However, the Revenue is at the liberty to move the miscellaneous application to recall the order if the tax effect exceeds the threshold limit or the case of the Revenue falls in any of the exception provided in the aforesaid CBDT Circular in any manner. The MA shall be filed within the prescribed time. Hence the appeal of the Revenue is dismissed.
ITA No.393/Ahd/2012 ACIT vs. Mahalaxmi Housing & Finstock Pvt. Ltd. A.Y. 2002-03
- 4 - 5. In the result, the appeal filed by the department is dismissed. This Order pronounced in Open Court on 15/11/2018
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Ahmedabad; Dated 15/11/2018 Priti Yadav, Sr.PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)-I, Ahmedabad. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad. 5. 6. गाड� फाईल / Guard file. आदेशानुसार/BY ORDER, स�या�पत ��त //True Copy// उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation…14/11/2011. 2. Date on which the typed draft is placed before the Dictating Member 14/11/2018 3. Other Member… 4. Date on which the approved draft comes to the Sr.P.S./P.S …………… 5. Date on which the fair order is placed before the Dictating Member for pronouncement… 6. Date on which the fair order comes back to the Sr.P.S./P.S……. 7. Date on which the file goes to the Bench Clerk………………… 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Despatch of the Order………………