A.C.I.T.. 3(1), RAIPUR (CG) vs. M/S HORA TRANSPORT CO.P.LTD., RAIPUR (CG)

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ITA 384/BIL/2014Status: DisposedITAT Raipur17 January 2018AY 2010-112 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable as per CBDT Circular No. 21/2015, which increased the monetary limit for filing appeals to the ITAT to Rs. 10 lakhs. The circular was applicable retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting additions made under Section 43B and disallowances under Section 40(a)(ia). The tax effect of the relief granted by the CIT(A) was Rs. 9,75,000/-.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the CBDT's revised monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Section 43B,Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

For Appellant: Shri R.B.Doshi, AR
For Respondent: Shri Ajit Kumar Laskar, DR, Shri R.B.Doshi, AR
Hearing: 17/01/2018Pronounced: 18/01/2018

Per Shri N.S.Saini, AM: This is an appeal filed by the Revenue against the order of the CIT(A), Raipur, dated 31.10.2014 for the assessment year 2010-2011. 2. The Revenue has taken the following grounds of appeal :- a. "Whether in law and on facts & circumstances of the case, the learned CIT(A) has erred in deleting the addition u/s.43B of Rs.21,90,825/- made by the A.O. as the Service tax remained outstanding?" b. "Whether in law and on facts & circumstances of the case, the learned CIT(A) has erred in deleting the disallowance u/s. 40(a)(ia) of the IT Act, 1961 of expenses of Rs.7,65,730/- towards to TML as the assessee failed to deduct TDS?" c. "The Order of the Ld. CIT (A) is erroneous both in law and on facts?" d. "Any other ground that may be adduced at the time of hearing?"

3.

At the outset, the AR of the assessee submitted that the relief granted by the CIT(A) in this appeal is Rs.29,56,555/- and the tax effect of which is Rs.9,75,000/-, therefore, in view of the CBDT Circular No.21/2015, dated 10th December, 2015, appeal filed by the Revenue is not maintainable and, hence, liable to be dismissed.

4.

On the other hand, ld.DR for the Revenue agreed with the submission of ld.AR of the assessee.

2 We find that the CBDT in Circular No.21/2015, dated 10th

5.

December, 2015, has stated that, as a measure for reducing litigation, it was increasing the monetary limits for filing of appeals by the department before the ITAT and High Courts and SLP before the Supreme Court. The said limit for not filing appeal to the Tribunal was fixed at Rs.10 lakhs. The CBDT has further stated that the said instruction shall apply retrospectively to pending appeals and that all appeals below the specified tax limits should be withdrawn/not pressed. However, appeals before the Supreme Court are to be governed by the limits operative at the time that the appeal was filed. The said Circular of the CBDT is binding on the officers of Income Tax Department. In view of this, we hold that the present appeal of the Revenue before the Tribunal is not maintainable and, hence, we dismiss the same in limine.

6.

In the result, appeal filed by the Revenue is dismissed. Order pronounced in the Court on Thursday, the 18th Day of January, 2018 at Raipur. (PAVAN KUMAR GADALE) (N. S. SAINI) न्याययक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER Raipur; ददन ांक Dated 18/01/2018 प्र.कु.मि/PKM, Senior Private Secretary आदेश की प्रयिलऱपि अग्रेपिि/Copy of the Order forwarded to : अऩीऱ थी / The Appellant- 1. प्रत्यथी / The Respondent- 2. आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. विभ गीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, Raipur / DR, ITAT, Raipur 5. ग र्ड प ईऱ / Guard file. 6. आदेशानुसार/ BY ORDER, सत्य वऩत प्रतत //// (Senior Private Secretary) Income Tax Appellate Tribunal, Raipur

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