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Income Tax Appellate Tribunal, AHMEDABAD ‘A’ BENCH, AHMEDABAD
Per Pramod Kumar, AM: 1. By way of this appeal, the Assessing Officer has challenged correctness of the order dated 12th April 2016, passed by the learned CIT(A)-11, Ahmedabad, in the matter of assessment under section 143(3) of the Income-tax Act, 1961, for the assessment year 2013-14, on the following ground:
“The Ld. CIT(A) has erred in law and on facts in deleting the disallowance made by the AO u/s 80IA(4) of the Act amounting to Rs.54,33,576/- without properly appreciating the facts of the case and the material brought on record.”
At the outset, learned counsel for the assessee submitted that the present appeal of the Revenue needs to be dismissed on account of low tax effect in view of the recent CBDT Circular No.3 of 2018 dated 11.07.2018.The learned Departmental Representative fairly admitted that the tax effect involved in this appeal is less than the limit prescribed by the aforesaid CBDT Circular.
We have heard the rival submissions and perused the material available on record. We find that prima-facie this appeal of the Revenue is not maintainable in view of the recent CBDT Circular No. 3/2018 in F.No.279/Misc. 142/2007-ITJ (Pt) dated 11th July, 2018, vide which it has been decided by the Board that no departmental appeals should be filed before the Tribunal if the tax effect by virtue of the Commissioner of Income-tax (Appeals)’s order is below Rs. 20 lacs. The Board has provided exemptions
I TA N o. 1 9 1 5/ Ah d /2 0 1 6 DCI T V s. M o nt e ca r lo Lt d Ass e ss me n t Y ea r : 2 0 13 - 1 4 Page 2 of 2 at clause (10) of the Instructions wherein it has been provided that these instructions will not be applicable, where the Constitutional validity of the provisions of an Act/Rule is under challenge or where Board’s order, notification, instruction or circular has been held to be illegal or where Revenue Audit objection in the case has been accepted by the Department or where the addition relates to undisclosed foreign assets/bank accounts etc. We find that the present case does not fall within the exemption clause and the tax effect is less than Rs.20 lacs. Therefore, the present appeal is not maintainable and hence dismissed.
In the result, the appeal of the Revenue is dismissed. Pronounced in the open court today on the 25th September, 2018
Sd/- Sd/-
Mahavir Prasad Pramod Kumar (Judicial Member) (Accountant Member) Ahmedabad, the 25th day of September, 2018 **bt Copies to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order TRUE COPY Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad
Date of dictation: ................low tax effect covered by CBDT Circular..19.09.2018.... 2. Date on which the typed draft is placed before the Dictating Member: .. 19.09.2018..... 3. Date on which the approved draft comes to the Sr. P.S./P.S.: …25.09.2018... 4. Date on which the fair order is placed before the Dictating Member for Pronouncement: .25.09.2018.. 5. Date on which the file goes to the Bench Clerk : . …25.09.2018…. 6. Date on which the file goes to the Head Clerk : ……………………………. 7. The date on which the file goes to the Assistant Registrar for signature on the order: …. 8. Date of Despatch of the Order: ………………......