ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2, KOLHAPUR vs. M/S. SHETKARI SAHAKARI TAMBAKHU KHAREDI VIKRI SANGH LTD, KOLHAPUR

PDF · subscribers
ITA 1096/PUN/2018Status: DisposedITAT Pune11 July 2022AY 2013-143 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 was not maintainable as the tax effect was below the revised monetary limit for filing appeals as per CBDT circulars. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee did not appear. The Revenue's counsel admitted that the tax effect was less than Rs. 50.00 lakh.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the low tax effect in light of CBDT's revised monetary limits for filing 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 INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI

This is an appeal filed by the Revenue directed against the order of Ld. Commissioner of Income Tax (Appeals)-2, Kolhapur, dated 02.04.2018 for the assessment year 2013-14.

2.

There is no appearance from the side of the assessee despite notice. However, it has been fairly admitted by the ld. DR that the tax effect in this appeal is less than Rs.50.00 lakh.

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.

6.

In the result, the appeal filed by Revenue is dismissed.

Order pronounced in the open court on 11th July, 2022.

Recent GST High Court judgments

Search GST case law →