What did the Tribunal hold?

The Tribunal noted that the tax effect was indeed below Rs. 20 lakhs. Following the CBDT circular, which raised the monetary limits for appeals and was applicable to pending appeals, the Tribunal dismissed the Revenue's appeal.

The Revenue filed an appeal before the ITAT for assessment year 2009-10. The assessee contended that the tax effect was below Rs. 20 lakhs, making the appeal not maintainable as per CBDT Circular No. 03/2018.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT based on the tax effect and the applicability of the latest CBDT circular.

I.T.O. Ward -2(4), Raipur (Cg) vs M/S Loha Udyog | ITAT Raipur 2018

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI R. K. PANDA & MS. SUCHITRA KAMBLE

For Appellant: Shri S. R. Rao, Adv

For Respondent: Shri D. K. Jain, DR, Shri S. R. Rao, Adv

PER R. K. PANDA, AM : This appeal filed by the Revenue is directed against the order dated 30.05.2014 of CIT(A), Raipur (CG) relating to assessment year 2009-10. 2. The ld. counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.20 lakhs. Therefore, in view of the latest CBDT Circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018 which is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable.

The ld. DR on the other hand fairly conceded that the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.20 lakhs.

We have heard the rival submissions made by both the sides. It is an admitted fact that the tax effect involved in the grounds raised by the Revenue is less than Rs.20 lakhs. Therefore, in view of the latest CBDT Circular cited (supra) raising the monetary limits for filing of the appeals before the Tribunal which is applicable even to pending appeals, the appeal filed by the Revenue is dismissed.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court at the time of hearing itself i.e. on this 07th August, 2018. (SUCHITRA KAMBLE) ACCOUNTANT MEMBER Dated: 07-08-2018. Sujeet Copy of order to: - 1) The Appellant 2) The Respondent 3) The CIT 4) The CIT(A) 5) The DR, I.T.A.T., Raipur. By Order //// Sr. Private Secretary ITAT, Raipur

I.T.O. WARD -2(4), RAIPUR (CG) vs. M/S LOHA UDYOG, RAIPUR

What did the Tribunal hold?

What were the facts?

What were the issues?

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