DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14, PUNE vs. SUNIL SHIVAJIRAO BHOSALE, PUNE

The appeal filed by the Revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)- 3, Pune [‘CIT(A)’ for short] dated 08.07.2019 for the assessment year C.O. No.14/PUN/2022 2012-13. The assessee filed the Cross Objection in above captioned appeal of the Revenue. – By Revenue : 2. It is stated before us that the tax effect in the present appeal is less than Rs.50 lakhs and therefore, the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec.268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 3 of the said circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs.50 lakhs appeals should not be filed. Thus, taking a note of CBDT Circular No.17/2019, dated 08.08.2019 and considering the fact that the tax effect in the instant appeal is less than Rs.50 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeal are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeal falls in any of the exceptions C.O. No.14/PUN/2022 referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order if so advised. Accordingly, in the light of CBDT Circular No.17/2019 dated 08/08/2019, the appeal filed by the Revenue stands dismissed. 3. In the result, the appeal filed by the Revenue in ITA No.1449/PUN/2019 stands dismissed. C.O. No.14/PUN/2022 – By Assessee : 4. The cross objection filed by the assessee in appeal of the Revenue in ITA No.1449/PUN/2019 for the assessment year 2012-13, since the appeal of the Revenue is being dismissed on account of low tax effect, the cross objection filed by the assessee does not survive. Hence, the cross objection filed by the assessee stands dismissed. 5. In the result, the appeal filed by the Revenue as well as the cross objection filed by the assessee are dismissed. Order pronounced in the open Court on this 28th day of April, 2022. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; �दनांक / Dated : 28th April, 2022. Sujeet