ASSISTANT COMMISSIONER OF INCOME TAX vs. DEEPAK V PAWAR, RATNAGIRI

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ITA 2980/PUN/2016Status: DisposedITAT Pune10 September 2018AY 2012-133 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 appeal filed by the Revenue. This was done solely on the grounds of low tax effect, as per the CBDT Circular.

What were the facts?

The Revenue filed an appeal against the deletion of a penalty by the CIT(A). The tax effect involved in the appeal was less than Rs. 20 Lakhs.

What were the issues?

Whether an appeal with a tax effect below the prescribed monetary limit should be dismissed. The applicability of CBDT Circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

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

For Respondent: Shri Pankaj Garg

आदेश / ORDER

PER VIKAS AWASTHY, JM :

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-2, Kolhapur dated 25-10-2016 for the assessment year 2012-13.

2.

Shri Pankaj Garg representing the Department fairly admitted that in the present appeal by the Department tax effect is less than Rs.20 Lakhs.

2 ITA No. 2980/PUN/2016, A.Y. 2012-13

3.

We have heard the submissions of ld. DR and have perused the material available on record. The Revenue is in appeal against the order of Commissioner of Income Tax (Appeal) in deleting the penalty of Rs.16,67,308/- levied u/s. 271(1)(c) of the Act. 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.

4.

Before parting, we clarify here 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).

5.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court at the time of hearing on Monday, the 10th day of September, 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 : 10th September, 2018 RK

3 ITA No. 2980/PUN/2016, A.Y. 2012-13

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

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

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