INCOME-TAX OFFICER, NASHIK vs. SALIM ISMAIL SHAIKH, NASHIK

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ITA 1394/PUN/2017Status: DisposedITAT Pune17 September 2018AY 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 dismissed the Revenue's appeal without going into the merits of the case. This was based on the CBDT Circular which raised the monetary limit for filing appeals to Rs. 20 lakhs, and the tax effect in this appeal was below that limit.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 35,00,000/-. The assessee argued for dismissal due to low tax effect as per CBDT Circular No. 3/2018.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per the prevailing CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: SHRI VIKAS AWASTHY, JM

For Respondent: Shri Sudhendu Das, Shri Pramod Shingte
Hearing: 17.09.2018Pronounced: 17.09.2018

आदेश / ORDER

PER VIKAS AWASTHY, JM

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeal)-2, Nashik dated 09.03.2017 for the assessment year 2009-10.

2 ITA No.1394/PUN/2017 A.Y.2009-10

2.

Shri Pramod Shingte appearing on behalf of the assessee submitted at

the outset that the appeal of the Revenue is liable to be dismissed on account

of low tax effect in terms of recent CBDT Circular No.3/2018, dated

11.07.2018. The ld. Counsel for the assessee has furnished working of tax

effect involved in the appeal.

3.

Shri Sudhendu Das representing the Department fairly admitted that

in the present appeal by the Department tax effect is less than Rs.20 Lakhs.

4.

Both sides heard. The Revenue is in appeal against the order of

Commissioner of Income Tax(Appeal) in deleting the addition of

Rs.35,00,000/- made by the Assessing Officer on account of plot sale

receipts. Undisputedly, the tax effect involved in appeal is less than the

monetary limit prescribed by the recent CBDT Circular for filing of appeals

before the Tribunal by the Department. The CBDT vide Circular No.3/2018,

dated 11.07.2018 has raised the monetary limit of tax effect for filing of

appeals by the Department before the Tribunal to Rs.20 lakhs. The Circular

applies to the appeals to be filed by the Department in future as well as the

appeals pending before the Tribunal. Without going into merit of the issues

raised in the appeal, in view of the CBDT Circular the present appeal of the

Revenue is dismissed on account of low tax effect.

5.

Before parting, it is clarified that the Revenue shall be at liberty to

approach the Tribunal for restoration of appeal, with the requisite material to

show that the appeal is protected by the exceptions prescribed in Para 10 of

the Circular (supra.)

3 ITA No.1394/PUN/2017 A.Y.2009-10

6.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open Court on Monday, the 17th day of September, 2018.

Sd/- (�वकास अव�थी /VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER

पुणे / Pune; �दनांक / Dated : 17th September, 2018 SB आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to :

अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The CIT(Appeal)-2, Nashik. 4. The Pr. CIT-2, Nashik. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “एक-सद�य” ब�च, 5. पुणे / DR, ITAT, “SMC” Bench, Pune. गाड� फ़ाइल / Guard File. 6.

// True Copy // आदेशानुसार / BY ORDER,

�नजी स�चव / Private Secretary आयकर अपील�य अ�धकरण, पुणे / ITAT, Pune.

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