ASSISTANT COMMISSIONER OF INCOME-TAX, (OSD), WARD -1 (4), NASHIK vs. M/S. TOUGH METALIKS PVT.LTD, NASHIK

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ITA 526/PUN/2019Status: DisposedITAT Pune07 July 2022AY 2010-113 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 tax effect was significantly lower than the monetary limits prescribed by the CBDT for filing appeals. Therefore, the Revenue's appeal was rejected.

What were the facts?

The Revenue filed an appeal before the ITAT for AY 2010-11. The tax effect involved in the appeal was Rs. 50,323/-. The assessee did not appear for the hearing.

What were the issues?

Whether the Revenue's appeal should be entertained when the tax effect is below the prescribed monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI S.S. GODARA & DR. DIPAK P. RIPOTE

For Respondent: Shri M.G. Jasnani

Assessee by None Revenue by Shri M.G. Jasnani Date of hearing 06-07-2022 Date of pronouncement 07-07-2022 आदेश / ORDER

PER S.S. GODARA, JM :

1.

This Revenue‟s appeal for A.Y.2010-11 is directed against the CIT(A)-1, Nashik‟s order dated 01.01.2019 passed in case No.Nask/CIT(A)-1/407/2015-16 in proceedings u/s.144 r.w.s 147 of the Income Tax Act, in short “the Act”. Case called twice. None appears at the assessee‟s behest. It is accordingly proceeded ex-parte.

2 M/s. Tough Metaliks Pvt. Ltd.

2.

We find from the records that the tax effect involved in the instant appeal is Rs.50,323/- only as per the relevant column No.10 in Form 36 herein. We thus quote the CBDT‟s 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 had fixed monetary limit for filing of appeals by the Revenue before the tribunal at Rs.20.00 lakhs which stands enhanced in the Circular dated 08-08-2019 to Rs.50.00 lakhs qua all pending appeals as well. All these facts have gone unrebutted from the Revenue side. We accordingly reject its instant appeal.

3.

This Revenue‟s appeal is dismissed for involving lower than the prescribed tax effect in above terms.

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