DY.C.I.T. 1, BHILAI(CG) vs. SHRI NIRMAL KUMAR MEHTA, DURG(CG)

PDF · subscribers
ITA 319/BIL/2014Status: DisposedITAT Raipur08 August 2018AY 2011-122 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 noted that the tax effect was indeed below Rs. 20 lakhs. Following the CBDT circular which raised the monetary limits for appeals, the Tribunal held that the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for assessment year 2011-12. The assessee argued 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 due to the tax effect being below the prescribed monetary limit as per the latest CBDT circular.

Which sections of the Income-tax Act were involved?

N/A

AI-generated summary — verify with the full judgment below

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 Rituparan Namdeo, DR, Shri S. R. Rao, Adv

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA No.319/RPR/2014 Assessment Year : 2011-12 DCIT- 1, Nirmal Kumar Mehta, Bhilai (CG). Prop. M/s Ramdev Oil, Somni, Vs. 62, Mahavir Colony, Durg (CG).

PAN : ADRPM6283D (Appellant) (Respondent) Department by : Shri Rituparan Namdeo, DR Assessee by : Shri S. R. Rao, Adv. 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 26.08.2014 of CIT(A), Raipur (CG) relating to assessment year 2011-12. 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.319/RPR/2014

3.

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

Recent GST High Court judgments

Search GST case law →