What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable due to low tax effect. The CBDT's revised instructions set a minimum tax effect for filing appeals before the Tribunal.

The Revenue filed an appeal against the deletion of an addition made on account of unsecured loans. The assessee pointed out that the tax effect of the appeal was below the limits prescribed by the CBDT.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the tax effect is below the prescribed limits by the CBDT.

ITO vs Satish Vasudeo Jadhav | ITAT Pune 2018

Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

For Appellant: Shri Vivek Aggarwal

For Respondent: Shri C.H. Naniwadekar

Hearing: 10.04.2018Pronounced: 10.04.2018

आदेश / ORDER

PER SUSHMA CHOWLA, JM:

The appeal filed by Revenue is against order of CIT(A)-3, Pune, dated 20.10.2016 relating to assessment year 2009-10 against order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

The learned Authorized Representative for the assessee at the outset pointed out that the total assessed income in the hands of assessee is

ITA No.167/PUN/2017 2 Shri Satish Vasudeo Jadhav

₹ 33,70,990/-. He further pointed out that the issue raised in the present appeal filed by the Revenue is against deletion of addition made on account of unsecured loans at ₹ 31,50,000/-. He then pointed out that the appeal effect in the present appeal of Revenue was below the tax effect as provided by the CBDT.

The learned Departmental Representative for the Revenue on the other hand, fairly admitted that the appeal of Revenue to be dismissed because of low tax effect.

We have heard the rival contentions and perused the record. The appeal of Revenue is not maintainable because of low tax effect. The CBDT vide its revised instruction No.21 of 2015, dated 10.12.2015 have provided revised limits for filing the appeals before the Tribunal and other Forums. The limit as provided in the said Circular for filing the appeal before the Tribunal is where the tax effect involves tax of ₹ 10 lakhs or more. The perusal of record reveals tax effect in the present appeal is below the limit prescribed by the CBDT. Hence, the appeal filed by the Revenue is dismissed.

In the result, appeal of Revenue is dismissed.

Order pronounced in open Court on this 10th day of April, 2018.

Sd/- Sd/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक Dated : 10th April, 2018. GCVSR

ITA No.167/PUN/2017 3 Shri Satish Vasudeo Jadhav

आदेश की प्रयतलऱपप अग्रेपषत/Copy of the Order is forwarded to : 1. अऩीऱाथी / The Appellant; 2. प्रत्यथी / The Respondent; 3. आयकर आयुक्त(अऩीऱ) / The CIT(A)-3, Pune; 4. The Pr.CIT-2, Pune; ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, ऩुणे “ए” / DR 5. ‘A’, ITAT, Pune; 6. गार्ड पाईऱ / Guard file. आदेशािुसार/ BY ORDER, सत्यावऩत प्रतत //True Copy// वररष्ठ तनजी सधिव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण ,ऩुणे / ITAT, Pune

INCOME TAX OFFICER vs. SATISH VASUDEO JADHAV, PUNE

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