ACIT, CIRLCE-40, KOLKATA, KOLKATA vs. M/S. ANGLES ALUMINIUM CORPORATION, MUMBAI

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ITA 1142/KOL/2017Status: DisposedITAT Kolkata13 December 2018AY 2013-142 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 held that the tax effect in the present appeal was below the revised monetary limit specified by the CBDT. Therefore, the appeal filed by the Revenue was dismissed in limine.

What were the facts?

The Revenue filed an appeal before the ITAT for AY 2013-14. The CBDT issued a circular increasing monetary limits for filing appeals to reduce litigation. This circular was made applicable retrospectively.

What were the issues?

Whether pending appeals with a tax effect below the revised monetary limits specified in CBDT Circular No. 3/2018 should be dismissed or withdrawn.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 3/2018

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A”, BENCH KOLKATA

Before: SHRI J. SUDHAKAR REDDY, AM & SHRI S.S. VISWANETHRA RAVI, JM

For Appellant: Shri Kalyan Nath, Addl. CIT, Sr. DR
Hearing: 11/12/2018Pronounced: 13/12/2018

Appellant by : Shri Kalyan Nath, Addl. CIT, Sr. DR Respondent by : Shri P. J. Bhide, FCA & Hemal Mehta, FCA सुनवाई क� तार�ख / Date of Hearing : 11/12/2018 घोषणा क� तार�ख/Date of Pronouncement: 13/12/2018 आदेश / O R D E R

PER S.S. VISWANETHRA RAVI, AM:

1.

The captioned appeal filed by the Revenue pertaining to Assessment Year 2013-14, is directed against an order passed by ld. Commissioner of Income Tax (Appeals)-12, Kolkata dated 08.02.2017.

2.

The CBDT has issued Circular No. 3/2018 dated 11.07.2018, whereby the monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court have been increased as a measure for reducing Litigation. The revised monetary limits laid down in para-3 of this Circular and the manner of computing tax effect as laid down in para-4 of this Circular are as follows: “3 . Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: Sl. No. Appeals/SLP’s in Income-tax matters Monetary Limit (in Rs) 1. Before Appellate Tribunal 20,00,000/- 2. Before High Court 50,00,000/- 3. Before Supreme Court 1,00,00,000/- 3. In para-13 of the said circular it has further been clarified that the revised monetary limits will apply retrospectively. The relevant para-13 of the Circular reads thus:

2 M/s. Angles Aluminium Corporation Assessment Year: 2013-14 “13. This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.

4.

In the present case, the tax effect in this appeal by the Revenue is less than Rs.20,00,000/-. This appeal had been filed by the Revenue on 19.05.2017 and was within the monetary limit in the form of tax effect for filing appeals before Tribunal.

5.

In view of the above, the appeal filed by the Department is dismissed in limine.

8.

In the result, the appeal by the Revenue is dismissed.

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