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Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: SHRI C.M.GARG & SHRI O.P.MEENA
आदेश /O R D E R PER O. P. MEENA, ACCOUTANT MEMBER:
This appeal filed by the Revenue is directed against the order of learned Commissioner of Income tax (Appeals)–I, Surat (in short “the CIT (A)”) dated 26.06.2014 pertaining to Assessment Year 2010-11 which in turn has arisen from the order passed by the ITO, Ward-1(1), Surat (in short “the AO”) dated 30.03.2013 under section 143(3) r.w.s. 147 of Income Tax Act, 1961 (in short ‘the Act’).
ITO, Ward-1(1), Surat Vs. Akhil Ship Breakers Pvt. Ltd./I.T.A. No.2508//AHD/2014/SRT/A.Y.2010-11 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.
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
ITO, Ward-1(1), Surat Vs. Akhil Ship Breakers Pvt. Ltd./I.T.A. No.2508//AHD/2014/SRT/A.Y.2010-11 Page 3 of 3
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 21-08-2018. 5.
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: 21st 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