THE INCOME TAX OFFICER ( EXEMPTION), BILASPUR(CG) vs. M/S MARGDARSHAN SANSTHAN, AMBIKAPUR (CG)

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ITA 222/BIL/2016Status: DisposedITAT Raipur06 August 2018AY 2010-112 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 held that in view of the CBDT Circular No. 03/2018, which raised the monetary limit for filing appeals, and the admitted low tax effect, the appeals filed by the Revenue were not maintainable.

What were the facts?

The Revenue filed appeals before the ITAT against the orders of the CIT(A) for assessment years 2009-10 and 2010-11. The assessee submitted that the tax effect involved was below Rs. 20 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the Tribunal due to the tax effect being below the revised monetary limit prescribed by the CBDT.

Which sections of the Income-tax Act were involved?

Not applicable

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 G. S. Agrawal, CA
For Respondent: Shri D. K. Jain, DR, Shri G. S. Agrawal, CA

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA Nos.221 & 222/BIL/2016 Assessment Years : 2009-10 & 2010-11 ITO (Exemptions), Margdarshan Sansthan Ring Road, Bilaspur (CG). Choprapara, Ambikapur, Vs. Ambikapur (CG).

PAN : AAAAM8208P (Appellant) (Respondent) Department by : Shri D. K. Jain, DR Assessee by : Shri G. S. Agrawal, CA Date of hearing : 06-08-2018 Date of pronouncement : 06-08-2018 O R D E R PER R. K. PANDA, AM : Both the appeals filed by the Revenue are directed against the common order dated 17.03.2016 of CIT(A), Bilaspur (CG) relating to assessment years 2009-10 and 2010-11 respectively. 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 appeals filed by the Revenue are not maintainable.

2 ITA Nos.221 & 222/BIL/2016

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, both the appeals filed by the Revenue are dismissed. Order pronounced in the open Court at the time of hearing itself i.e. on this 06th August, 2018.

Sd/- Sd/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 06-08-2018. 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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