DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14, PUNE vs. M/S. MIND SPACE REALTY PVT.LTD, PUNE

PDF · subscribers
ITA 1599/PUN/2019Status: DisposedITAT Pune07 July 2022AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the revised monetary limits for filing appeals are applicable to pending appeals. Since the tax effect was below the prescribed limit, the appeal was not entertained.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect of the appeal was Rs. 19,19,489/-, which was less than the revised monetary limit for filing appeals by the Revenue.

What were the issues?

Whether the revised monetary limits for filing appeals by the Revenue are applicable to pending appeals before the Tribunal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A”

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

For Respondent: Shri S P Walimbe – DR
Hearing: 08/06/2022Pronounced: 07/07/2022

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1.

This appeal by the Revenue is directed against the order of Learned Commissioner of Income Tax(Appeals)-9 [ld.CIT(A)], Pune dated 31.07.2019 for the Assessment Year 2011-12.

2.

At the outset of hearing, none appeared on behalf of the assessee. However, perusal of the record reveals that the tax effect in the instant appeal is less than Rs.50.00 lakh, which the ld. DR conceded. Tax Effect as per Form 36 column 7C is Rs.19,19,489/-.

3.

The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the A.Y. 2011-12 DCIT Vs. M/s.Mind Space Realty Pvt. Ltd., (R)

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 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.

4.

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 appeal is found by the AO to be more than the prescribed monetary limit of Rs.50.00 lakh or the case(s) is found to be covered by an exception, it will be open to the Revenue to move the Tribunal for recalling the order.

Recent GST High Court judgments

Search GST case law →