What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was below the revised monetary limit of Rs. 20 Lakhs set by CBDT Circular No. 3/2018. The case did not fall under any of the exceptions provided in the circular.

The Revenue filed an appeal before the ITAT. The tax effect involved in the appeal was below Rs. 20 Lakhs. The Assessing Officer's order was passed under section 143(3) r.w.s. 254 of the Income Tax Act, 1961.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the prescribed monetary limit as per CBDT circulars.

ACIT vs The Agriculture Produce Market… | ITAT Surat 2018

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI C.M.GARG & SHRI O.P.MEENA

Hearing: 23.08.2018

आदेश /O R D E R PER BENCH: 1. This appeal filed by the Revenue is directed against the order

of learned Commissioner of Income Tax (Appeals)–1, Surat(in short

“the CIT (A)”) dated 26.02.2015 pertaining to Assessment Year

2004-05 which in turn has arisen from the order passed by the

Deputy Commissioner of Income Tax, Circle-1(1)(2), Surat (in short

“the AO”) dated 20.01.2014 under section 143(3) r.w.s.254 of

Income Tax Act,1961 (in short ‘the Act’).

ACIT, Circle-2(3) Vs. Agriculture Produce Market Committee/I.T.A. No.3305/Ahd/2014/SRT/AY.2003-04 Page 2 of 3

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-2(3) Vs. Agriculture Produce Market Committee/I.T.A. No.3305/Ahd/2014/SRT/AY.2003-04 Page 3 of 3

We find that the present case does not fall within the

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 23-08-2018.

Sd/- Sd/- (सी.एम.गग� /C.M. GARG) (ओ.पी.मीना/O.P.MEENA) �याियकसद�यतथा/JUDICIAL MEMBER लेखासद�यकेसम� /ACCOUNTANT MEMBER सुरत/ Surat, �दनांक Dated: 23rd Aug, 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, Surat

THE ACIT, CIRCLE-2(3), SURAT vs. THE AGRICULTURE PRODUCE MARKET COMMITTEE, SURAT

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