ASSISTANT COMMISSIONER OF INCOME TAX-1(2), RAIPUR (CG) vs. KLOWIN BUSINESS (INDIA) LIMITED, RAIPUR

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ITA 158/BIL/2011Status: DisposedITAT Raipur06 August 2018AY 2008-092 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 No. 03/2018, which raised the monetary limits for appeals, the Tribunal held that the appeal 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 2008-09. The assessee submitted that the tax effect involved was below Rs. 20 lakhs.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the tax effect is below the monetary limit prescribed by the latest CBDT circular.

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 R. B. Doshi, CA
For Respondent: Shri Sanjay Kumar, DR, Shri R. B. Doshi, 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.158/BLPR/2011 Assessment Year : 2008-09 ACIT – 1(2), Klowin Business (India) Ltd., Raipur (CG). Plot No.638/B, Vs. Urla Industrial Area, Urla, Raipur.

PAN : AACCK0811E (Appellant) (Respondent) Department by : Shri Sanjay Kumar, DR Assessee by : Shri R. B. Doshi, CA Date of hearing : 06-08-2018 Date of pronouncement : 06-08-2018 O R D E R PER R. K. PANDA, AM : This appeal filed by the Revenue is directed against the order dated 19.04.2011 of CIT(A), Raipur (CG) relating to assessment year 2008-09. 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.158/BLPR/2011

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 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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