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Income Tax Appellate Tribunal, “A” BENCH, PUNE
Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM
आदेश / ORDER
PER VIKAS AWASTHY, JM :
The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals), Aurangabad dated 28-03-2014 for the assessment year 2011-12.
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,
2 ITA No. 1279/PUN/2014, A.Y. 2011-12
dated 11-07-2018. The ld. AR furnished working of tax effect involved in the appeal.
Shri Ajay Modi representing the Department fairly admitted that in the present appeal by the Department tax effect is less than Rs.20 lakhs.
Both sides heard. The Revenue is in appeal against the order of Commissioner of Income Tax (Appeals) in deleting the addition of Rs.44,13,092/- made on account of deemed dividend u/s. 2(22)(e) of the Act. Undisputedly, the tax effect involved in appeal is Rs.13,63,645/-, which is less than the monetary limit prescribed by 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. Thus, in view of the CBDT Circular the present appeal of the Revenue is liable to be dismissed on account of low tax effect.
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open court at the time of hearing on Thursday, the 26th day of July, 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 : 26th July, 2018 RK
3 ITA No. 1279/PUN/2014, A.Y. 2011-12
आदेश की प्रयिलऱवऩ अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A), Aurangabad 3. आयकर आयुक्त / The CIT, Central, Nagpur 4. 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