DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 13, PUNE vs. M/S. VAULTIZE TECHNOLOGIES PVT.LTD, PUNE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the tax effect was below the revised monetary limit for filing appeals. Therefore, the Tribunal was not inclined to entertain the appeal.
What were the facts?
The Revenue filed an appeal before the ITAT. The Revenue's counsel submitted that the tax effect in the case was less than Rs. 50.00 lakh. The CBDT had revised the monetary limit for filing appeals to Rs. 50.00 lakh.
What were the issues?
Whether the appeal filed by the Revenue should be entertained given the revised monetary limits for appeals set by the CBDT.
Which sections of the Income-tax Act were involved?
Not Applicable
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI
आदेश / ORDER PER R.S. SYAL, VP :
This appeal by the Revenue arises out of the order passed by the CIT(A)-5, Pune on 25-07-2019 in relation to the assessment year 2016-17.
At the outset, the ld. DR submitted that the tax effect in this case is less than Rs.50.00 lakh.
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 M/s. Vaultize Technologies Pvt. Ltd., Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal.
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 discussion, we dismiss the appeal filed by the Revenue.
However, it is made clear that if the tax effect in this particular appeal is more than the prescribed monetary limit of Rs.50.00 lakh or the case is covered by an exception, it will be open to the Revenue to move the Tribunal for taking necessary action.
In the result, the appeal is dismissed. Order pronounced in the Open Court on 25th May, 2022.
Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 25th May, 2022 Satish
M/s. Vaultize Technologies Pvt. Ltd.,
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order is forwarded to:
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