What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable due to the low tax effect. The CBDT circular regarding monetary limits for appeals was applicable to pending appeals.

The Revenue filed an appeal against the order of the CIT(A) for AY 2013-2014. The assessee did not appear for the hearing. The Revenue's appeal involved a tax effect below the monetary limit prescribed by CBDT circular.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the tax effect is below the monetary limit prescribed by CBDT circulars, and if such circulars apply to pending appeals.

ITO vs M/S. Cordlife Science Pvt. Ltd… | ITAT Kolkata 2019

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: Shri P.M. Jagtap, Vice-(KZ) & Shri S.S. Viswanethra Ravi

Per Shri P.M. Jagtap, Vice-President (KZ):- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-5, Kolkata dated 31.08.2017.

At the time of hearing fixing in this case today, none has appeared on behalf of the assessee. The ld. D.R., however, has pointed out from the grounds raised by the Revenue in this appeal that the tax effect involved in this appeal is less than the monetary limit of Rs.20 lakhs fixed by the CBDT vide Circular No. 3/2018 dated 11.07.2018 for filing the appeal before the Tribunal. Since the said Circular issued by the CBDT is made applicable to M/s. Cordlife Science Pvt. Limited all the pending appeals also, we treat this appeal of the Revenue as not maintainable on account of low tax effect and dismiss the same.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on March 11, 2019.

ITO, WARD - 15(1), KOLKATA, KOLKATA vs. M/S. CORDLIFE SCIENCE PVT. LTD., SOUTH 24 PARGANAS

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