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Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: SHRI C.M.GARG & SHRI O.P.MEENA
आदेश /O R D E R PER O. P. MEENA, ACCOUTANT MEMBER: 1. This appeal filed by the Revenue is directed against the order of learned Commissioner of Income Tax (Appeals)-II, Rajkot(in short “the CIT (A)”) dated 12.07.2012pertaining to Assessment Year 2005-06which in turn has arisen from the order passed by the Deputy Commissioner of Income Tax, Circle-1,
ACIT, Circle – 1, Rajkot Vs. Phoenix Projects Pvt. . Ltd., /ITA No.551/RJT/2012/A.Y.2005-06 Page 2 of 3
Rajkot(in short “the AO”) dated 27.12.2007under section 143(3)
of Income Tax Act,1961 (in short ‘the Act’).
We have heard the Ld. Departmental Representative and
perused the material available on record and find that tax effect
involved in this appeal is below Rs. 20 Lakhs. The ld. DR also did
not dispute this fact. We find that the CBDT vide Circular
No.3/2018 Dated 11.07.2018 [F.No.279/Misc.142/2007-ITJ (Pt)]
has revised the monetary limit for filing of appeal before
Tribunal fixing the tax effect limit at Rs.20 lacs. The said Circular
supersedes the earlier Circular(s) issued on the subject of tax
effect and applies to all pending appeal retrospectively.The
Board has provided exceptions provided under para 10 of the
Circular wherein it has been provided that the issues related is to
be contested (a) where the Constitution validity of the provision
of the Act or (b) Rule is under challenge or (c) where Board`s
order, Notification, Instruction or Circular has been held to be
illegal or ultra vires, or where Revenue Audit objections has been
accepted by the Department or (d) where the addition relates to
undisclosed foreign assets/bank accounts, etc.
ACIT, Circle – 1, Rajkot Vs. Phoenix Projects Pvt. . Ltd., /ITA No.551/RJT/2012/A.Y.2005-06 Page 3 of 3
We find that the present case does not fall within the 3.
exceptions clause and the tax demand is less than Rs.20 lacs.
Therefore, the present appeal is not maintainable as per recent
Circular (supra) and hence the same is dismissed. However, we
may make it clear that the Revenue is at liberty to approach the
Tribunal for recalling this order, if it comes to the notice of the
Assessing Officer that the tax effect is more than the monetary
limit prescribed under Circular or Revenue`s case falls within the
ambit of the exceptions provided in the Circular.
In the result, the appeal of the Revenue stands dismissed.
The order pronounced in the open court on 20.11.2018.
Sd/- Sd/- (सी.एम.गग�/C.M. GARG) (ओ.पी.मीना/O.P.MEENA) �याियकसद�यतथा/JUDICIAL MEMBER लेखासद�यकेसम� /ACCOUNTANT MEMBER राजकोट/ Rajkot, �दनांक Dated: 20th November, 2018/S.Gangadhara Rao, Sr.PS Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order / / TRUE COPY / / Assistant Registrar, Rajkot