What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable as the tax effect was below Rs. 20 lakhs, as per the applicable CBDT circular. The Revenue was granted liberty to file a Miscellaneous Application if the case fell under exceptions to the circular.

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2010-11. The assessee argued that the appeal was not maintainable due to low tax effect as per CBDT Circular No. 03/2018.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit prescribed by CBDT circulars for filing appeals.

I.T.O. Ward -2(3), Bilaspur(Cg) vs M/S Shantipushpa Associates… | ITAT Raipur 2018

Income Tax Appellate Tribunal, RAIPUR BENCH : RAIPUR

Before: SHRI R.K. PANDA & MS. SUCHITRA KAMBLE

For Appellant: Shri Sunil Kumar Agrawal, CA &, Ms Lakshmi Sharma

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH : RAIPUR

BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA No.90/RPR/2015 Assessment Year: 2010-11 ITO, Ward 2(3), Vs. Shantipushpa Associates, Ayakar Bhavan, Opp. Bank of Baroda, Vyapa Vihar, Link Road, Bilaspur (CG). Bilaspur (CG). PAN : AAFFS5574B

(Appellant) (Respondent) Assessee by : Shri Sunil Kumar Agrawal, CA & Ms Lakshmi Sharma Revenue by : Shri V.B. Sargar, DR

ORDER PER R.K. PANDA, AM: This appeal by the Revenue is directed against the order dated 12th January, 2015 of the CIT(A), Bilaspur, relating to Assessment Year 2010-11.

At the time of hearing, the ld. counsel for the assessee pointed out that the tax effect in the grounds raised by the Revenue is, admittedly, below Rs.20 lakhs and, therefore, in view of the recent CBDT Circular No.03/2018 dated 11th July, 2018, the appeal filed by the Revenue is not maintainable and has to be dismissed. The ld. DR

ITA No.90/RPR/2015

fairly conceded that the tax effect involved in the grounds raised by the Revenue is, admittedly, below Rs.20 lakhs. In view of the above submissions of both the sides and considering the fact that the tax effect on the grounds raised by the Revenue is below Rs.20 lakhs, therefore, in the light of the CBDT Circular No.03/2018 dated 11th July, 2018, which is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. However, if the Revenue, at any point of time, finds that the case of the Revenue falls under any of the clauses as per amended para 10 of the said Circular, vide Notification dated 20th August, 2018, the Revenue is at liberty to file Miscellaneous Application for revival of the appeal. The appeal filed by the Revenue is, accordingly, dismissed.

In the result, the appeal filed by the Revenue is dismissed.

The decision was pronounced on 16th November, 2018.

Sd/- Sd/- (SUCHITRA KAMBLE) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMFBER Dated: 16th November, 2018 dk Copy forwarded to 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Sr. Private Secretary, ITAT, New Delhi.

I.T.O. WARD -2(3), BILASPUR(CG) vs. M/S SHANTIPUSHPA ASSOCIATES, BILASPUR(CG)

What did the Tribunal hold?

What were the facts?

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