ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -2, NASHIK vs. M/S. KIRTI AGROTECH LTD, LATUR

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ITA 1675/PUN/2019Status: DisposedITAT Pune06 June 2022AY 2009-102 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable due to the low tax effect, as per the CBDT Circular. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for assessment year 2009-10. The tax effect involved in the appeal was below the monetary limit fixed by a CBDT Circular.

What were the issues?

Maintainability of the appeal due to low tax effect below the prescribed monetary limit as per CBDT Circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Respondent: Shri M.G. Jasnani

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the Revenue against the order dated 30-08-2019 passed by the Commissioner of Income Tax (Appeals)-12, Pune [‘CIT(A)’] for assessment year 2009-10.

2.

Admittedly, the tax effect involved in this appeal is below monetary limit fixed by the CBDT Circular vide its latest Circular No. 17/2019, dated 08-08-2019, information received from Sales Tax/VAT Department is not an exception vide above said circular. Thus, grounds raised by the Revenue fail and the appeal is not maintainable. Therefore, the appeal of Revenue is dismissed as withdrawn in terms of CBDT Circular mentioned here-in-above.

3.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 06th June, 2022.

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