INCOME-TAX OFFICER vs. SAI SOFTECH SERVICES PVT. LTD., PUNE

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ITA 2503/PUN/2016Status: DisposedITAT Pune01 August 2018AY 2010-113 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 fact that the tax effect was below the revised monetary limit prescribed by the CBDT for filing appeals.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting the disallowance of foreign exchange loss. The assessee argued for dismissal due to low tax effect as per CBDT Circular No. 3/2018.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed due to a low tax effect, as per the latest CBDT circular, irrespective of the appeal's merits.

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 Appellant: Shri Kishor Phadke

आदेश / ORDER

PER VIKAS AWASTHY, JM :

The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-4, Pune dated 30-07-2016 for the assessment year 2010-11.

2 ITA No. 2503/PUN/2016, A.Y. 2010-11

2.

Shri Kishor Phadke 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. According to the working, tax effect is Rs.18,40,254/- including surcharge and Cess.

3.

Mrs. Shweta Mishra 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 disallowance of Foreign Exchange Loss Rs.54,14,103/-. 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, we clarify here that the Revenue shall be at liberty to approach the Tribunal for restoration of appeal, with the requisite material

3 ITA No. 2503/PUN/2016, A.Y. 2010-11

to show that the appeal is protected by the exceptions prescribed in Para 10 of the Circular (supra).

6.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court at the time of hearing on Wednesday, the 01st 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 : 01st August, 2018 RK आदेश की प्रयिलऱवऩ अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A)-4, Pune 3. 4. The Pr. CIT-3, Pune 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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