ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1, KOLHAPUR vs. BHOGAWATI SAHAKARI SAKHAR KARKHANA LTD, KOLHAPUR

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ITA 1667/PUN/2018Status: HeardITAT Pune13 January 2022AY 2015-163 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable due to the low tax effect as per the CBDT Circular. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2015-16. The tax effect involved in the appeal was below the monetary limit prescribed by a CBDT Circular.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect and the applicability of CBDT Circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘A’ PUNE - VIRTUAL COURT

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Respondent: Shri S.P. Walimbe

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the Revenue is directed against the order passed by the ld. CIT(A)-1, Kolhapur on 07-08-2018 in relation to the Assessment Year 2015-16.

2.

Admittedly, the tax effect involved in this appeal is below monetary limit fixed by the CBDT Circular vide its latest Circular No. 17/2019, dated 08-08-2019. Thus, grounds raised by the Revenue fail and the appeal is not maintainable. Therefore, the appeal of Revenue is dismissed as withdrawn in terms of CBDT Circular mentioned here-in-above.

3.

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.

4.

In the result, the appeal of Revenue is dismissed. Order pronounced in the Open Court on 13th January, 2022.

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