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Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: SHRI C.M.GARG & SHRI O.P.MEENA
PER BENCH:
Page 4 of 6
These nine appeals have been filed by the Revenue and the Cross Objection No.45/RJT/2015 in ITA No.277/RJT/2015 has been filed by the assessee.
We have heard the Ld. Departmental Representative and
perused the material available on record and find that tax effect
involved in these appeals are 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
Page 5 of 6 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.
We find that the present cases do not fall within the
exceptions clause and the tax demand is less than Rs.20 lacs.
Therefore, the present appeals are 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.
C.O.No.45/RJT/2015 for A.Y.2011-12 (by Assessee): 4. In the ld.Assessee’s Representative Shri D.D.Shah submitted that the assessee does not want to press Cross Objection No.45/RJT/2015 for A.Y. 2011-12, hence the same is dismissed as not pressed.
Page 6 of 6 5. In the result, all the nine appeals of the Revenue and Cross Objection of the assessee in C.O.No.45/RJT/2015 are dismissed.
The order pronounced in the open court on 30.11.2018.
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: 30th 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