ITO WD -1(2), JAMSHEDPUR vs. M/S VISAKHA ROADWAYS, JAMSHEDPUR

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ITA 123/RAN/2017Status: DisposedITAT Ranchi27 February 20182 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable based on CBDT Circular No. 21/2015. This circular specifies monetary limits for filing appeals.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2013-14. The tax effect in the appeal was admittedly below Rs. 10 Lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to the tax effect being below the prescribed monetary limit for appeals.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RANCHI ‘SMC’ BENCH, RANCHI

Before: Sri J. Sudhakar Reddy

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI ‘SMC’ BENCH, RANCHI

(Before Sri J. Sudhakar Reddy, Accountant Member)

I.T.A. No. 123/Ran/2017 Assessment Year: 2013-14

Income Tax Officer…………………..……………………………………………….…………..Appellant Ward No. 1(2) Jamshedpur M/s. Visakha Roadways..……………………………………………………………………Respondent Opp. Bharat Petroleum, NH 33, Baliguma, Jamshedpur. [PAN : AAEFV 6851 A]

Appearances by: Shri Sanjay Malik, Jr. DR appearing on behalf of the Revenue. None appearing on behalf of the Assessee.

Date of concluding the hearing : February 27, 2018 Date of pronouncing the order : February 27 , 2018 ORDER Per J. Sudhakar Reddy, AM :-

This is an appeal filed by the Revenue directed against the order of the Commissioner of Income Tax (Appeals) Hazaribag, (hereinafter the ‘Ld. CIT(A)’), dt. 30/03/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the ‘Act’), relating to Assessment Year 2013-14.

2.

This appeal of the Revenue is to be dismissed as not maintainable in view of the CBDT Circular No. 21/2015, dated 10th December, 2015, as the tax effect is admittedly below Rs. 10 Lakhs.

3.

In the result, the appeal of the Revenue is dismissed.

Ranchi, the 27th day of February, 2018.

Sd/- [J. Sudhakar Reddy] Accountant Member

Dated : 27 .02.2018 Biswajit, Sr. PS

2 I.T.A. No. 123/Ran/2017 Assessment Year: 2013-14 M/s. Visakha Roadways

Copy of the order forwarded to: 1. M/s. Visakha Roadways, Opp. Bharat Petroleum, NH 33, Baliguma, Jamshedpur.

2.

ITO, Ward 1(2), Jamshedpur.

3.

CIT(A)-

4.

CIT- , 5. CIT(DR), Ranchi Benches, Ranchi.

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