What did the Tribunal hold?

The Tribunal accepted the assessee's submission that the tax effect was below the monetary limit specified in the CBDT circular. Consequently, the appeal filed by the Revenue was dismissed.

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for assessment year 2005-06. 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?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the tax effect, in light of the prevailing CBDT circular on monetary limits for appeals.

DCIT vs M/S Rashmi Sponge Iron & Power… | ITAT Raipur 2018

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

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

For Appellant: Shri R. B. Doshi, CA

For Respondent: Shri Sanjay Kumar, DR, Shri R. B. Doshi, CA

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA No.188/RPR/2014 Assessment Year : 2005-06 DCIT- 1(2), Rashmi Sponge Iron & Power Pvt. Raipur (CG). Ltd., A-407-408, Ganpati Sadan, Vs. Opp. Union Bank Of India, Samta Colony, Raipur (CG).

PAN : AAACJ2311G (Appellant) (Respondent) Department by : Shri Sanjay Kumar, DR Assessee by : Shri R. B. Doshi, CA Date of hearing : 08-08-2018 Date of pronouncement : 08-08-2018 O R D E R PER R. K. PANDA, AM : This appeal filed by the Revenue is directed against the order dated 16.05.2014 of CIT(A), Raipur (CG) relating to assessment year 2005-06. 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.

2 ITA No.188/RPR/2014

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. 4. 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. 5. 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 08th August, 2018.

Sd/- Sd/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 08-08-2018. 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 //True Copy// Sr. Private Secretary ITAT, Raipur

DY. C.I.T.1(2), RAIPUR vs. M/S RASHMI SPONGE IRON & POWER PVT. LTD, RAIPUR

What did the Tribunal hold?

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