What did the Tribunal hold?

The Tribunal noted that it was an admitted fact that the tax effect was below Rs. 20 lakhs. Therefore, in view of the CBDT circular raising the monetary limits for appeals, 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 2010-11. The assessee submitted 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 low tax effect, in light of the prevailing CBDT circulars.

ITO vs Shri Sandeep Agrawal, Bhilai(Cg) | ITAT Raipur 2018

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

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

For Appellant: Shri Amit Jain, Adv

For Respondent: Shri Amit Jain, 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.16/RPR/2016 Assessment Year : 2010-11 ITO- 1(4), Sandeep Agrawal, Bhilai (CG). M/s Fuelco & M/s Shri Krishna Iron & Steel, Vs. Block- 13, Plot No.4, Nehru Nagar (East), Bhilai (CG).

PAN : AFFPA3365N (Appellant) (Respondent)

: Shri Rituparan Namdeo, DR Department by Assessee by : Shri Amit Jain, Adv. Date of hearing : 14-08-2018 Date of pronouncement : 14-08-2018 O R D E R PER R. K. PANDA, AM : This appeal filed by the Revenue is directed against the order dated 30.11.2015 of CIT(A)- II, Raipur (CG) relating to assessment year 2010-11. 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.16/RPR/2016

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 14th August, 2018.

Sd/- Sd/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 14-08-2018. 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

THE INCOME TAX OFFICER 1(4) BHILAI, BHILAI(CG) vs. SHRI SANDEEP AGRAWAL, BHILAI(CG)

What did the Tribunal hold?

What were the facts?

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