What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 03/2018. The Ld. DR could not provide any exceptions to this circular.

The Revenue filed an appeal before the ITAT. The assessee was a company named M/s Rico Casting Ltd. The assessment year in question was 2015-16.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect was below the prescribed monetary limit by the CBDT.

DCIT vs M/S Rico Casting Ltd., Ludhiana | ITAT Chandigarh 2018

Income Tax Appellate Tribunal, CHANDIGARH BENCH “B”, CHANDIGARH

For Respondent: Shri. Manjit Singh

Hearing: 24/10/2018Pronounced: 29/11/2018

आदेश/Order

PER DR. B.R.R. KUMAR, A.M:

The present appeal has been filed by the Revenue against the order of

the Ld. CIT(A)-1, Ludhiana dt. 23/03/2018.

According to Circular No. 03/2018 dated 11/07/2018, the CBDT in

supersession of earlier instructions has directed that department’s appeals

before ITAT shall not be filed in cases where the tax effect does not exceed the

monetary limit of Rs. 20 lacs. The tax will not include any interest thereon. It is

further clarified that if in the case of an assessee, disputed issues arise in more

than one assessment year, appeal can be filed in respect of such assessment

year or years in which the tax effect in respect of disputed issues exceeds the

monetary limit so specified.

Admittedly, in the departmental appeal, the tax effect is less than Rs. 20

lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not

bring to our notice any exceptions mentioned in the said Circular.

In view of the above, the appeal of the Revenue is dismissed.

Order pronounced in the Open Court. Sd/- Sd/- संजय गग� डा. बी.आर.आर, कुमार, (SANJAY GARG ) ( DR. B.R.R. KUMAR, AM) �या�यक सद�य/ Judicial Member लेखा सद�य/ Accountant Member AG Date: 29/11/2018

आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to :

अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File

DCIT, C-1, LUDHIANA vs. M/S RICO CASTING LTD., LUDHIANA

What did the Tribunal hold?

What were the facts?

What were the issues?

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