ITO, WARD-3, PANVEL vs. TECHNIP ENGINEERING WORKS PRIVATE LIMITED, RAIGAD

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ITA 1956/PUN/2019Status: DisposedITAT Pune31 May 2022AY 2009-104 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 noted that the CBDT's revised monetary limit for filing appeals before the Tribunal is Rs. 50.00 lakh. Since the tax effect was below this limit, the appeal was not entertained.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2009-10. The tax effect in the appeal was less than Rs. 50.00 lakh.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the revised monetary limits prescribed 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 SATBEER SINGH GODARA

For Appellant: Smt. Deepa Khare
For Respondent: Shri M.G. Jasnani

Assessee by Smt. Deepa Khare Revenue by Shri M.G. Jasnani Date of hearing 31-05-2022 Date of pronouncement 31-05-2022 आदेश / ORDER PER R.S. SYAL, VP : This appeal by the Revenue arises out of the order passed by the CIT(A)-2, Nashik on 11-09-2019 in relation to the assessment year 2009-10.

2.

At the outset, the ld. AR submitted that the tax effect in this case is less than Rs.50.00 lakh, to which the ld. DR fairly conceded.

3.

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 Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the recent 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. Not only that, it has further been directed to the competent authorities to withdraw all such appeals on or before 31-10-2019. However, it is made clear that if the tax effect in this particular appeal is found out to be 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.

5.

In view of the foregoing discussion, we dismiss the appeal filed by the Revenue.

Order pronounced in the Open Court on 31st May, 2022.

Sd/- Sd/- (SATBEER SINGH GODARA) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; ददिधांक Dated : 31st May, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपीऱधर्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2.

3. The CIT(A)-2, Nashik 4. The Pr.CIT-2, Thane 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 31-05-2022 Sr.PS 2. Draft placed before author 31-05-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.

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