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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 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-1(1)(2) Vs. Gujarat JHM Hotels Ltd./I.T.A. No.1289/Ahd/2015/SRT/AY.2004-04 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-1(1)(2) Vs. Gujarat JHM Hotels Ltd./I.T.A. No.1289/Ahd/2015/SRT/AY.2004-04 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 21-08-2018.
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: 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