DEPUTY COMMISSIONER OF INCOME-TAX, ICHALKARANJI CIRCLE, ICHALKARANJI vs. SANJAY DANCHAND GHODAWAT, KOLHAPUR

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ITA 279/PUN/2019Status: HeardITAT Pune28 January 2022AY 2015-163 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 ITAT noted that the CBDT's revised monetary limit for filing appeals before the Tribunal is Rs. 50.00 lakh and this limit is applicable to pending appeals. 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. The Revenue's counsel submitted that the tax effect in the appeal was less than Rs. 50.00 lakh.

What were the issues?

Whether pending appeals with a tax effect below the revised monetary limit set by CBDT should be entertained.

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 PARTHA SARATHI CHAUDHURY

For Appellant: Shri Sharad Shah
For Respondent: Shri M.G. Jasnani

This appeal by the Revenue is directed against the order passed by the ld. CIT(A)-2, Kolhapur on 06-12-2018 in relation to the assessment year 2015-16.

2.

At the outset, the ld. DR submitted that the tax effect in this case is less than Rs.50.00 lakh. He also filed the computation of tax effect obtained from the AO.

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 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.

5.

In the result, the appeal is dismissed. Order pronounced in the Open Court on 28th January, 2022.

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