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Income Tax Appellate Tribunal, SURAT BENCH,SURAT
Before: SHRI C.M.GARG & SHRI O.P.MEENA
आयकरअपीलीयअिधकरणसूरत�ायपीठ,सूरत IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH,SURAT �ीसीएमगग�, �ाियकसद�एवं�ीओपीमीना, लेखासद�केसम� BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER आयकरअपीलसं. / ITA No.867/Ahd/2016/SRT �नधा�रणवष�/ Assessment Year: 2011-12 Dy. Commissioner of Income Tax, Vs. Shri Akbar Hanif Khodia, Central Circle-4, Modi Faliya, Hathuran, Surat. Taluka-Mangrol, Surat – 394 125. [PAN: BYJPK 3786 P] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ�क�ओरसे/ Assessee by : Shri Rasesh Shah, C.A ��यथ�क�ओरसे /Revenue by : Shri S.R. Meena, Sr. D.R सुनवाईक�तार�ख/Date of Hearing : 09-08-2018 घोषणाक�तार�ख /Date of Pronouncement : 09-08-2018 आदेश /ORDER PERC.M.GARG, JUDICIAL MEMBER: This appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-4, Surat (‘CIT(A)’ for short) dated 28.01.2016 for the Assessment Year (A.Y) 2011-12.
We have heard the ld. Departmental Representative (DR) 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 theCBDT 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
2 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 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. 4. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on this day of09thAugust, 2018. Sd/- Sd/- (ओपीमीना) (सीएमगग�) (O.P.MEENA) (C.M.GARG) लेखासद� �ाियकसद� Accountant Member / Judicial Member / सूरत/Surat; �दनांक Dated :09thAugust, 2018/EDN आदेश क� ��त�ल�प अ�े�षत/Copy of the Order is forwarded to : 1. अपीलाथ�/ The Appellant; 2. ��थ�/ The Respondent; 3. आयकरआयु�(अपील) / The concerned CIT; 4. The concerned Prl. CIT; 5. िवभागीय�ितिनिध,आयकरअपीलीयअिधकरण,सूरत/ DR, ITAT, Surat; 6. गाड�फाईल
3 / Guard file.