What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn/not pressed due to the CBDT circular. The assessee's appeal was also dismissed as withdrawn.

The Revenue filed an appeal against the CIT(A)'s order. The tax effect in dispute was below the monetary limit specified by a CBDT circular. The assessee also filed a cross-appeal.

What were the issues?

Whether the Revenue's appeal should be dismissed for not meeting the monetary limits prescribed by the CBDT circular.

DCIT vs M/S. Mega Ventures | ITAT Pune 2018

Income Tax Appellate Tribunal, “B” BENCH, PUNE

For Appellant: Shri Suhas Bora (Withdrawal application)

For Respondent: Shri M.K. Verma

Hearing: 30.08.2018Pronounced: 30.08.2018

Heard together (2 matters)

ITA No.797/PUN/2016

ITA No.859/PUN/2016

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / ORDER

PER SUSHMA CHOWLA, JM

The appeal filed by the Revenue is against the order of Commissioner of Income Tax (Appeals)-3, Pune dated 11.01.2016 relating to assessment year 2011- 12 passed under section 143(3) of the Income Tax Act, 1961 ( in short ‘the Act’). The assessee has filed cross appeal against the appeal filed by the Revenue.

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. The tax effect in dispute in the captioned appeal is stated to be below the monetary limit of Rs. 20.00 lakhs specified in the CBDT Circular dated 11.07.2018 (supra).

In this background, the learned Departmental Representative for the Revenue was required to state his position; he has not referred to any material which would show that the captioned appeal is protected by any of the exceptions provided in para 10 of the Circular (supra).

Without going into the merit of the issues raised in the captioned appeal, this appeal is deemed to be withdrawn/not pressed as its filing is in contravention of the CBDT Circular dated 11.07.2018 (supra).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 re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para 10 of the Circular (supra).

3 ITA Nos.797 & 859/PUN/2016 A.Y.2011-12

In conclusion, by applying the CBDT Circular dated 11.07.2018 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

In the result, the appeal of Revenue is dismissed.

The assessee has filed an application dated 30.08.2018 seeking withdrawal of its appeal. The Ld. DR for Revenue has raised no objection on assessee’s withdrawing the present appeal. In view of application made by assessee, the appeal is dismissed as having been 'withdrawn'.

In the result, both the appeals of the Revenue and assessee are dismissed. Order pronounced in the open court on this 30th day of August, 2018.

Sd/- Sd/- ( ANIL CHATURVEDI) (SUSHMA CHOWLA) लेखा सद�य/ACCOUNTANT MEMBER �या�यक सद�य/JUDICIAL MEMBER

पुणे / Pune; �दनांक / Dated : 30th August, 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 (Appeals)-3, Pune. 4. The Pr. CIT, Pune. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “बी” ब�च, 5. पुणे / DR, ITAT, “B” 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.

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. MEGA VENTURES, PUNE

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments