ITO, WARD - 32(3), KOLKATA, KOLKATA vs. SMT. BINA AGARWAL, KOLKATA

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ITA 903/KOL/2018Status: DisposedITAT Kolkata26 July 2018AY 2004-052 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 below the CBDT's revised monetary limit for filing appeals. Therefore, the appeal was treated as withdrawn/not pressed.

What were the facts?

The Revenue filed an appeal against the deletion of an addition made by the AO on account of unexplained cash credit. The tax effect involved in the appeal was below the revised monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the CBDT's revised monetary limit for filing appeals before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “SMC”, KOLKATA

Before: SH. P.M.JAGTAP

Hearing: 26.07.2018Pronounced: 26.07.2018

This appeal filed by the Revenue is directed against the order of Ld. CIT(A)- 09, Kolkata dated 20.02.2018 and the solitary issue raised therein relates to the deletion by the Ld.CIT(A) of addition of Rs.28,37,600/- made by the AO on account of unexplained cash credit u/s 68 of the Income Tax Act, 1961 (in short “Act”).

2.

At the time of hearing fixed in this case today, none has appeared on behalf of the assessee. It is however, noted that the tax effect involved in this appeal of the revenue is less than the monetary limit of Rs.20 Lacs fixed by the CBDT for filing the Revenue’s appeals before the Tribunal and this position is not disputed even by the Ld. DR. The CBDT vide its recent Circular No.3/2018 issued on 11.07.2018 has revised the monetary limit for filing the appeals of the Revenue before the Tribunal to Rs.20 Lacs. As clarified in the said Circular, the revised monetary limit of Rs.20 Lacs for filing the Revenue’s appeals before the ITAT would apply to the appeals already filed by the Revenue which are pending before the Tribunal and the same are liable to be dismissed as withdrawn/not pressed. I accordingly treat this appeal of the Revenue involving the tax effect of Rs.20 Lacs as withdrawan/not pressed keeping in view the Circular No.3/2018 (supra) issued by CBDT and dismiss the same.

3.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 26.07.2018.

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