THE DEPUTY COMMISSIONER OF INCOME TAX, BHILAI(CG) vs. M/S P.S. STEEL TUBES LTD, BHILAI(CG)

ITA 109/BIL/2016Status: DisposedITAT Raipur17 August 2018AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect involved in the grounds raised by the Revenue was less than Rs. 20 lakhs. Therefore, in view of the CBDT circular raising monetary limits for appeals, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee's counsel submitted that the tax effect was below Rs. 20 lakhs, making the appeal not maintainable as per CBDT Circular No. 03/2018.

What were the issues?

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

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 Rituparan Namdeo, DR, Shri R. B. Doshi, CA

PER R. K. PANDA, AM : This appeal filed by the Revenue is directed against the order dated 14.02.2016 of CIT(A)-II, Raipur (CG) relating to assessment year 2012-13. 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.

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.

2

4.

We have heard the rival submissions made by both the

The order continues below.

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