DEPUTY COMMISSIONER OF INCOME-TAX, PUNE vs. ANGELICA PROPERTIES PVT. LTD., PUNE

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ITA 2069/PUN/2016Status: DisposedITAT Pune14 February 2022AY 2011-122 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 appeal filed by the Revenue was liable to be dismissed as the tax effect was below the prescribed monetary limit. The Tribunal dismissed the appeal without going into the merits of the issues raised.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect involved in the appeal was below Rs. 50 lakhs, which was the revised monetary limit for filing appeals by the Department as per CBDT Circulars.

What were the issues?

The primary issue was whether the appeal filed by the Revenue should be dismissed due to the low tax effect, considering the prevailing CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI S. S. VISWANETHRA RAVI, JM & DR. DIPAK P. RIPOTE, AM

Hearing: 14.02.2022Pronounced: 14.02.2022

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1.

This is an appeal filed by the Revenue against the order of ld. CIT(A)-1, Pune dated 09.06.2016 for the assessment year 2011-12.

2.

At the very outset, the Ld. DR of the Revenue submitted that the tax effect involved in this appeal is below Rs.50 lakhs and therefore, the appeal of Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No.17/2019 [F No.279/Mise.142/2007-ITJ (Pt)], dated 08.08.2019 read with Circular No.3 of 2018 dated 11.07.2018 revising the upward monetary limits for filing of appeals in Income Tax Cases before various Appellate Forums. The earlier CBDT Circular No.03/2019 dated 11.07.2018 fixed monetary limit for filing of appeals before the Tribunal at Rs.20 Lakhs. Such limit has been enhanced in the recent CBDT Circular dated 08.08.2019 from Rs.20 Lakhs to Rs. 50 Lakhs. Thus, the tax effect on the addition is less than Rs.50 Lakhs.

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