THE ASSISTANT COMMISSIONER OF INCOME-TAX, RAIPUR (CG) vs. THE ST. FRANCIS EDUCATIONAL SOCIETY, BILASPUR(CG)

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ITA 219/BIL/2016Status: DisposedITAT Raipur06 August 2018AY 2007-082 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 monetary limit specified in the CBDT Circular. Therefore, the appeals filed by the Revenue were not maintainable.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order for assessment years 2007-08 and 2008-09. 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 due to the tax effect being below the prescribed monetary limit as per 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 S. R. Rao, Adv
For Respondent: Shri D. K. Jain, DR, Shri S. R. Rao, Adv

PER R. K. PANDA, AM : Both the appeals filed by the Revenue are directed against the common order dated 15.03.2016 of CIT(A), Bilaspur (CG) relating to assessment years 2007-08 and 2008-09 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.

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 appeals filed by the Revenue are 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. (SUCHITRA KAMBLE) 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 ////

Sr. Private Secretary ITAT, Raipur

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