THE INCOME TAX OFFICER, GURDASPUR vs. SH. BALDEV SINGH S/O SH. CHANAN SINGH, GURDASPUR

At the outset, it was observed by the Bench that ‘tax effect’ of the instant appeal is below Rs. 20 lacs, i.e., the threshold monetary limit applicable for the Revenue’s appeals before the Tribunal u/s. 268A of the Act as per the latest Instruction, i.e., No. 3 of 2018, dated 11.07.2018, by the CBDT, so that it is not maintainable. With reference to the grounds of appeal assumed before us as well as the assessment order, it was confirmed by the Bench that the ‘tax effect’ is below Rs. 20 lacs inasmuch as the additions under challenge is for Rs. 54.02 lacs.

Section 268A of the Act provides that an appellate authority, including the Appellate Tribunal, shall have regard to the instructions, directions, orders, etc. issued by the Board from time to time fixing monetary limits for the purpose of regulating the filing of appeals by the Revenue before the different appellate authorities, and which shall, while deciding those appeals, have regard to the said limits. The monetary limit fixed per the latest instruction supra for the appeals before the tribunal is Rs. 20 lacs.

Under the circumstances, therefore, the instant appeal, being covered by section 268A read with the applicable instruction cited supra, which is to apply for pending appeals as well, is not maintainable. The Revenue’s appeal is accordingly dismissed in limine as not maintainable. The assessee’s CO is also rendered unfructuous and, thus, not maintainable. We decide accordingly.

In the result, both the Revenue’s appeal and assessee’s CO are dismissed. Order pronounced in the open court on October 29, 2018 Sd/- Sd/- (N. K. Choudhry) (Sanjay Arora) Judicial Member Accountant Member