ITO, VAPI WARD-1, VAPI vs. SMT. BANUBIBI SARWAR MOHID, MUMBAI

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ITA 3473/AHD/2016Status: DisposedITAT Surat25 July 2018AY 2011-123 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 was not maintainable as per CBDT Circular No. 3/2018, which revised the monetary limit for filing appeals to the Tribunal to Rs. 20 Lakhs. The case did not fall under any exceptions to this circular.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The tax effect involved in the appeal was below Rs. 20 Lakhs.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect was below the revised monetary limit prescribed by the CBDT for appeals to the Tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

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

Hearing: 31.07.2018

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), Valsad (in short “the CIT

(A)”) dated 03.10.2016 pertaining to Assessment Year 2011-12 which in

turn has arisen from the order passed by the Income-tax Officer, Ward-

1, Vapi (in short “the AO”) dated 30.11.2015 under section 143(3)

r.w.s.147 of Income Tax Act,1961 (in short ‘the Act’).

Page 2 of 3 ITO, Ward-1, Vapi Vs. Banubibi Sarwar Mohid/I.T.A. No.3473/Ahd/2016/SRT/A.Y.2011-12

2.

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.

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

Page 3 of 3 ITO, Ward-1, Vapi Vs. Banubibi Sarwar Mohid/I.T.A. No.3473/Ahd/2016/SRT/A.Y.2011-12

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 stands dismissed.

5.

The order pronounced in the open court on 31-07-2018.

Sd/- Sd/- (ओ.पी.मीना/O.P.MEENA) (सी.एम.गग� /C.M. GARG) लेखासद�यकेसम� /ACCOUNTANT MEMBER �याियकसद�यतथा/JUDICIAL MEMBER सुरत/ Surat, �दनांक Dated: 31st July, 2018. Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order / / TRUE COPY / / Assistant Registrar, Surat

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