What did the Tribunal hold?

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

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect in dispute was Rs. 14,99,881/-.

What were the issues?

Maintainability of the appeal based on the monetary limit prescribed by CBDT circulars for filing appeals before the ITAT.

ACIT vs M/S.Gmr Energy Ltd. | ITAT Bangalore 2020

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI B.R. BASKARAN & SMT. BEENA PILLAI

For Appellant: Ms. Neera Malhotra, CIT – DR

Hearing: 10.01.2020

O R D E R

PER BEENA PILLAI JUDICIAL MEMBER This appeal is filed by Revenue against the order passed by Ld. CIT(A) – 11, Bengaluru, dated 20/08/2016 for Assessment Year 2007 – 08.

Ld. CIT DR submitted that in this appeal, the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs. 50 lakhs fixed by the CBDT in Circular No.17/2019, dt.08.08.2019, which is in supersession of its Circular No.03/2018 dt.11.07.2018 and Amendment dated 20.08.2018, in relation to filing of appeals before the Income Tax Appellate Tribunal. In support, she submitted calculation of tax effect, that comes to Rs.14,99,881/-.

Taking into consideration the above, and also the fact that the CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeal filed by the Revenue is not maintainable and liable to be dismissed in limine. In the result, Revenue’s appeal for year under consideration stands dismissed. Order Pronounced in open court on 10th January, 2020.

ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S.GMR ENERGY LTD., BANGALORE

What did the Tribunal hold?

What were the facts?

What were the issues?

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