What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal due to low tax effect, as it fell below the revised monetary limit set by the CBDT. Consequently, the assessee's cross-objection was also dismissed as infructuous.

The Revenue filed an appeal before the ITAT. The Assessing Officer confirmed that the tax effect in the case was less than Rs. 50 lakhs. The CBDT had revised the monetary limit for filing appeals to Rs. 50 lakhs, applicable to pending appeals.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect based on revised CBDT circulars.

ACIT vs Brijgopal Ramnarayan Toshniwal… | ITAT Pune 2022

Income Tax Appellate Tribunal, “B”

Before: SHRI S.S.GODARA & DR. DIPAK P. RIPOTE

For Appellant: Shri Naveen Rander – AR

For Respondent: Shri M.G.Jasnani – DR

Hearing: 22/07/2022Pronounced: 14/10/2022

Heard together (2 matters)

ITA No.726/PUN/2019

C.O.No.03/PUN/2022

Read from the judgment's own cause title. This page is filed under one of them.

ORDER

PER DR. DIPAK P. RIPOTE, AM:

This appeal filed by the Revenue and Cross objection appeal filed by the assessee is directed against the common order of ld.Commissioner of Income Tax(Appeals)-1, Aurangabad, dated 28.02.2019 for the A.Y. 2013-14. & C.O.No.03/PUN/2022 Brijgopal Ramnarayan Toshniwal

At the outset of hearing, the ld.Departmental Representative(ld.DR) for the Revenue submitted letter dated 21.07.2022. The Revenue vide letter no.PN/Addl.CIT/ITAT- B/Brijgopal R. Toshniwal/2022-23/ dated 21.07.2022 submitted as under: “ This case is fixed for hearing on 22/07/2022 before the Hon’ble ‘B’ Bench of ITAT Pune. 2. Vide letter No.JLN/ITO/Ward 1/ITAT/BRT/2022-23/511 dated 20/07/2022 (copy enclosed), the Assessing Officer has confirmed that the tax effect in the above case for the A.Y. 2013-14 is less than Rs.50 lakhs and the same may kindly be placed before the Hon’ble B Bench, ITAT, Pune for perusal.

This letter may kindly be put up to Hon’ble Members of ‘B’ Bench.” 3. The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the Department in Income-tax Cases before various appellate forums. The earlier circular No.03/2018 dated 11/07/2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakhs. Such limit has now been enhanced in the Circular dated 08-08-2019 to Rs.50.00 lakhs. The tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakhs.

At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that the revised monetary limits so mentioned in Circular No.17/2019 are applicable to all pending appeals. In view of the foregoing C.O.No.03/PUN/2022 Brijgopal Ramnarayan Toshniwal discussion, we dismiss the appeal filed by the Revenue on account of low tax effect.

In the result, the appeal of the Revenue in is dismissed.

C.O.No.03/PUN/2022: 6. Since the main appeal of the Revenue in Cross Objection appeal become infructuous, accordingly, this Cross Objection filed by the assessee is dismissed as infructuous.

ASSISTANT COMMISSIONER OF INCOME-TAX, JALNA CIRCLE, JALNA vs. BRIJGOPAL RAMNARAYAN TOSHNIWAL, JALNA

What did the Tribunal hold?

What were the facts?

What were the issues?

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