ACIT-1(2), RAIPUR (CG) vs. M/S RADIUS WATER LTD., RAJNANDGAON

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ITA 195/BIL/2012Status: DisposedITAT Raipur06 August 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 held that in view of the CBDT Circular No. 03/2018, which raised the monetary limits for filing appeals, the appeal filed by the Revenue was not maintainable. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for assessment year 2004-05. The tax effect involved in the appeal was below Rs. 20 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal due to the low tax effect, considering the revised monetary limits set by the CBDT.

Which sections of the Income-tax Act were involved?

None

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 Respondent: Shri Rituparan Namdeo, DR

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA No.195/BIL/2012 Assessment Year : 2004-05 ACIT – 1(2), Radius Water Ltd., Raipur (CG). 57-58, Vardhman Nagar, Vs. Rajnandgaon.

PAN : AABCR5617G (Appellant) (Respondent) Department by : Shri Rituparan Namdeo, DR Assessee by : None 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 20.07.2012 of CIT(A), Raipur (CG) relating to assessment year 2004-05. 2. None appeared on behalf of the assesse. Therefore, this appeal is being decided on the basis of material available on record and after hearing the ld. DR. 3. It is seen 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 raising the monetary limits for filing of the appeals before the Tribunal which is applicable

2 ITA No.195/BIL/2012

even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the appeal filed by the Revenue is dismissed. 4. 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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