What did the Tribunal hold?

The Tribunal held that the tax effect in all the captioned appeals was below the revised monetary limit. Therefore, the appeals were deemed withdrawn or not pressed as per the CBDT Circular.

The Revenue filed a batch of appeals before the ITAT against orders of the CIT(A). The CBDT revised the monetary limits for filing appeals, raising the threshold to Rs. 20 lakhs.

What were the issues?

The primary issue was whether the appeals filed by the Revenue met the revised monetary limits for appeal filing as per the CBDT Circular.

DCIT vs Classic Citi Investments Pvt. Ltd. | ITAT Pune 2018

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri Rahul Kaul & Anand Partani – Sl. No. 1, Smt. Deepa Khare – Sl. No. 2, Shri Pramod Shingte – Sl. No. 9, Shri Ajay Agarwal for Shri Sunil Ganoo - Sl. No. 11, Smt. Neha Mehta – Sl. No. 14

For Respondent: Shri Ashok Babu

आदेश / ORDER PER BENCH :

These bunch of appeals by the Revenue are against respective orders of the Commissioner of Income Tax (Appeals) for the assessment year/s mentioned in the title against the name of each of the said assessees. One of the assessee (M/s. Ankeet Cottage Industries) has filed Cross Objections in the appeal filed by the Department. The impugned order/s have been passed under different section/s of the Income-tax Act, 1961 (in short „the Act‟).

These bunch of appeals filed by the Revenue relating to different assessees were heard together and are being disposed of by this consolidated order for the sake of convenience.

The CBDT vide Circular No. 3/2018, dated 11.07.2018 has revised the monetary limits for filing of appeals by the Department before the Tribunal with retrospective effect. As per the Circular (supra), the monetary limit of tax effect for filing appeals before the Tribunal by the Department has been raised to Rs.20 lakhs.

The learned Departmental Representative has fairly stated that tax effect in the captioned appeals is below the monetary limit of Rs.20 lakhs. Without going into the merit of the issues raised in the captioned appeals, we find the adjudication on merits becomes an academic exercise as these bunch of appeals are deemed to be withdrawn/not pressed in accordance with the CBDT Circular dated 11.07.2018 (supra).

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for restoration of appeal/s with the requisite material indicating that the appeals are protected by the exceptions prescribed in para 10 of the Circular (supra).

The Cross Objection No. 07/PUN/2018 at Sl. No. 7 of the list, we find that the same merely supports the order of CIT(A). Since the appeals of the Revenue are dismissed, the corresponding Cross Objections are also dismissed as academic.

In conclusion, by applying the CBDT Circular dated 11.07.2018 (supra), the captioned appeals of the Revenue numbering 17 (16+1) are dismissed as withdrawn/not pressed.

In the result, all the appeals of the Revenue and Cross Objections by the assessee are dismissed.

Order pronounced in the open court at the time of hearing on Monday, the 13th day of August, 2018.

Sd/- Sd/- (डी. करुणाकरा राव/D. Karunakara Rao) (ववकास अवस्थी / Vikas Awasthy) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 13th August, 2018 RK

आदेश की प्रयिलऱवप अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The concerned CIT (A) 4. The concerned Pr. CIT/CIT ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, “ए” बेंच, 5. ऩुणे / DR, ITAT, “A” Bench, Pune. गाडड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रयत // True Copy// आदेशानुसार / BY ORDER,

यनजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

DEPUTY COMMISSIONER OF INCOME-TAX vs. CLASSIC CITI INVESTMENTS PVT. LTD., PUNE

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