What did the Tribunal hold?

The Tribunal condoned the delay and admitted the appeal. However, it noted that the tax effect was below the enhanced monetary limit for filing appeals and that pending appeals with low tax effect were to be withdrawn.

The Revenue filed an appeal before the ITAT with a delay of 82 days. The tax effect in the appeal was less than the revised monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the Revenue's appeal should be entertained given the low tax effect and the CBDT's revised monetary limits for filing appeals.

DCIT vs Sayali Engineering Pvt. Ltd | ITAT Pune 2022

Income Tax Appellate Tribunal, PUNE BENCH ‘B’ PUNE

Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY

For Respondent: Shri M.G. Jasnani

Assessee by None Revenue by Shri M.G. Jasnani Date of hearing 13-06-2022 Date of pronouncement 13-06-2022 आदेश / ORDER PER R.S. SYAL, VP :

This appeal by the Revenue is directed against the order passed by the CIT(A) on 17-03-2020 in relation to the assessment year 2009-10. 2. There is a delay of 82 days in presenting the appeal before the Tribunal. The ld. DR requested for condonation of delay and since the tax effect involved in the appeal is less than the monetary limit prescribed, we condone the delay and admit the appeal for hearing.

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.

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.

In view of the foregoing discussion, we dismiss the appeal filed by the Revenue. Order pronounced in the Open Court on 13th June, 2022.

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 8, PUNE vs. SAYALI ENGINEERING PVT. LTD, PUNE

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