ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, JAMMU vs. SHRI RAMESH BHOOMINATHAN, MUMBAI

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ITA 792/ASR/2017Status: DisposedITAT Amritsar05 October 2018AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect of the appeal was below the monetary limit prescribed by CBDT instructions for filing appeals before the Tribunal. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) which allowed the assessee's appeal. The appeal was filed for Assessment Year 2014-15.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.

Before: SH. SANJAY ARORA & SH. N. K. CHOUDHRY

Hearing: 17.10.2018Pronounced: 17.10.2018

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I. T. A. No. 792/(Asr)/2017 Assessment Year: 2014-15

Assistant Commissioner of Vs. Ramesh Bhoominathan, Flat No. 305, 3rd Floor, Capri Income-tax, Circle-1, Jammu Building, Raheja Exotica, Vill- Erangal Madh Island, Maland West Mumbai [PAN: AAOPR 8964J] (Appellant) (Respondent)

Appellant by : Sh. Charan Das (D.R.) Respondent by: None Date of Hearing: 17.10.2018 Date of Pronouncement: 17.10.2018

ORDER Per Sanjay Arora, AM: This is an Appeal by the Revenue arising out of the Order by the Commissioner of Income Tax (Appeals), Jammu (‘CIT(A)’ for short) dated 18.7.2017, allowing the assessee’s appeal contesting his assessment under section 143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) dated 29.12.2016 for the Assessment Year (AY) 2014-15.

2.

At the outset, it was observed by the Bench that the ‘tax effect’ of the instant appeal by the Revenue 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

2 ITA No. 792/Asr/2017 (AY 2014-15) Asst. CIT v. Ramesh Bhoominathan that it is not maintainable. With reference to the ground 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 disallowance under challenge is for Rs. 45.51 lacs.

3.

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.

4.

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. We decide accordingly.

In the result, the Revenue’s appeal is dismissed in limine. 5. Order pronounced in the open court on October 17, 2018 Sd/- Sd/- (N. K. Choudhry) (Sanjay Arora) Judicial Member Accountant Member Date: 17.10.2018 /GP/Sr. Ps. Copy of the order forwarded to: (1) The Appellant: Assistant Commissioner of Income-tax, Circle-1, Jammu (2) The Respondent: Ramesh Bhoominathan, Flat No. 305, 3rd Floor, Capri Building, Raheja Exotica, Vill- Erangal Madh Island, Maland West Mumbai (3) The CIT(Appeals), Jammu (4) The CIT concerned True Copy (5) The Sr. DR, I.T.A.T. By Order

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