THE ACIT, CIRCLE-1(1)(1), VADODARA vs. GULBRANDSEN TECHNOLOGIES (INDIA) PVT. LTD., VADODARA

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ITA 1480/AHD/2017Status: DisposedITAT Ahmedabad23 March 2022AY 2009-103 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 filed by the Revenue was not maintainable due to the CBDT circular enhancing monetary limits for appeals. The appeal was dismissed in limine.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee argued that the appeal was hit by a CBDT circular revising monetary limits for appeals. The tax effect in this case was below the revised limit.

What were the issues?

Whether the Revenue's appeal is maintainable given the revised monetary limits prescribed by the CBDT for filing appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD

Before: SHRI MAHAVIR PRASAD, JUDICIAL MEMEBR & SHRI WASEEM AHMED, ACCOUNTANT MEMEBR

For Appellant: Shri Purushottam Kumar, DR यथ क ओर से /, Shri Maneesh Agarwal, A.R

The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-1, Vadodara (‘CIT(A)’ in short), [ACIT vs. Gulbrandsen Technologies (India) Pvt. Ltd.) AY 2009-10 - 2 - dated 31.03.2017 arising in the assessment order dated 30.04.2013 passed by the Assessing Officer (AO) under s. 143(3) r.w.s. 144C(3) of the Income Tax Act, 1961 (the Act) concerning AY. 2009-10.

2.

At the time of hearing, it was submitted by the Ld.AR for the assessee that the appeal filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising the previous thresholds pertaining to tax effects. It is inter alia noticed that the CBDT vide Instruction No. F. No. 279/Misc/M-93/2018-ITJ dt. 20/08/2019 has observed that Circular No.17/2019 dated 08/08/2019 relating to enhancement of monetary limits is also applicable to all pending appeals. As per aforesaid Circular read with instruction, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.

3.

The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to [ACIT vs. Gulbrandsen Technologies (India) Pvt. Ltd.) AY 2009-10 - 3 - seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner.

4.

In the result, the appeal of the Revenue is dismissed.

This Order pronounced in Open Court on 23/03/2022

Sd/- Sd/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 23/03/2022 True Copy S.K.SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद ।

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