ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE vs. DINESH S. RATHI, PUNE

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ITA 656/PUN/2020Status: DisposedITAT Pune28 June 2022AY 2009-102 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 dismissed the Revenue's appeal. This was based on the revised monetary limits for filing appeals by the department, as per CBDT Circular No. 17/2019, which enhanced the limit to Rs. 50.00 lakhs.

What were the facts?

The Revenue filed an appeal against the assessee for Assessment Year 2009-10 concerning proceedings under Section 271(1)(c) of the Income Tax Act. The tax effect in the appeal was Rs. 2,77,378/-.

What were the issues?

Whether the Revenue's appeal should be entertained when the tax effect is below the prescribed monetary limit for appeals to the Tribunal.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A”

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

For Appellant: Shri Bharat – AR
For Respondent: Shri S P Walimbe – DR
Hearing: 24/06/2022Pronounced: 28/06/2022

ORDER

Per S.S.Godara, JM:

1.

This Revenue’s appeal for A.Y.2009-10 is directed against the Commissioner of Income Tax(Appeals)-3, Pune’s order dated 10.09.2020 passed in case no.PN/CIT(A)-3/ACIT, Cir-2/7/19-20, in proceedings u/s.271(1)(c) of the Income Tax Act, in short “the Act”.

2.

Learned AR submitted at the outset that the tax effect in the instant appeal is Rs.2,77,378/- only as per the relevant column in Form 36 herein. We thus quote the CBDT’s circular no.17/2019 dated 08-08-2019 revising upwards 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 had fixed monetary limit for filing of appeals by the Revenue before the tribunal at Rs.20.00 lakhs which stands enhanced in the Circular

A.Y. 2009-10 ACIT Vs. Dinesh S.Rathi (R) dated 08-08-2019 to Rs.50.00 lakhs qua all pending appeals as well. All these facts have gone unrebutted from the Revenue side.

5.

This Revenue’s appeal is dismissed for involving lower than the prescribed tax effect in above terms.

Order pronounced in the open Court on 28th June, 2022.

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