THE ASSISTANT COMMISSIONER OF INCOME-TAX-CENTRAL CIRCLE-2, RAIPUR (CG) vs. SHRI SHRI KAMAL KISHORE AGRAWAL, RAIGARH, RAIGARH(CG)

ITA 176/BIL/2017Status: DisposedITAT Raipur07 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 involved in the appeal was indeed below Rs. 20 lakhs. Following the CBDT Circular which raised the monetary limits for filing appeals, the Tribunal held that the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for AY 2011-12. 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 whether the Revenue's appeal was maintainable before the Tribunal given the tax effect was below the revised monetary limit stipulated by the CBDT.

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 R. M. Mazumdar, CA

For Respondent: Shri D. K. Jain, DR, Shri R. M. Mazumdar, 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.176/RPR/2017 Assessment Year : 2011-12 ACIT, Central Circle- 2, Shri Kamal Kishore Agrawal, Raipur (CG). Raigarh Madhuban, Behind Balram Vs. Garage Kotra Road, Raigarh (CG).

PAN : ACIPA0843K (Appellant) (Respondent) Department by : Shri D. K. Jain, DR Assessee by : Shri R. M. Mazumdar, CA Date of hearing : 07-08-2018 Date of pronouncement : 07-08-2018 O R D E R PER R. K. PANDA, AM : This appeal filed by the Revenue is directed against the order dated 02.03.2017 of CIT(A), Bilaspur (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. 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.

2 ITA No.176/RPR/2017

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 07th August, 2018.

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

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