INCOME TAX OFFICER, WARD-2, GADAG vs. SHRI SURENDRA L VAIDYA, GADAG

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ITA 2011/BANG/2017Status: DisposedITAT Bangalore17 July 2019AY 2012-132 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 CBDT Circular No. 3/2018 mandates that appeals with a tax effect below Rs. 20 lakhs should not be filed. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(Appeals). The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the CBDT circular limiting appeals.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, BENGALURU

Before: SHRI N.V. VASUDEVAN & SHRI JASON P BOAZShri Surendra L Vaidya,

For Appellant: Shri Vikas Suryavamshi, Addl.CIT(DR)
For Respondent: Shri Siva Prasad Reddy
Hearing: 10/07/2019Pronounced: 17/07/2019

Date of hearing: 10/07/2019 Date of pronouncement: 17/07/2019 O R D E R Per N.V. VASUDEVAN, VP:

This is an appeal by the revenue against the order of the CIT(Appeals), Hubli, relating to assessment year 2012-13.

2.

It is stated before us that the tax effect in this case cases is less than Rs. 20 lakhs and therefore the Circular No. 3/2018 dated 11/07/2018 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of the reducing the tax litigation. Vide para 3 of the said circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs. 20 lakhs appeals should not be filed.

Page 2 of 2 Thus taking note of CBDT Circular No. 03/2018, dated 11/07/2018 and considering the fact that the tax effect in the instant appeal is less than Rs. 20 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeal are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeal fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order if so advised.

2. Accordingly, in the light of CBDT circular No.03/2018 dated 11/07/2018 the appeal stands dismissed.

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