ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-5 PUNE, PUNE vs. SHANKAR RAMCHANDRA EARTHMOVERS PRIVATE LIMITED , PUNE

This appeal by the Revenue is directed against the order dated 20.03.2014 passed by the Commissioner of Income-tax (Appeals), Pune-11 in relation to the assessment year 2015-16.

During the course of hearing, the ld. Authorized Representative for the assessee submitted that the CBDT has issued Circular No. 09 of 2018, dated 17th September, 2024 with retrospective effect, revising the monetary limit to Rs.60.00 lakh for not filing appeals before the Tribunal. He further submitted that as the tax effect involved in the instant appeal is Rs.59,41,011/-, which is less than Rs.60.00 lakh, the instant appeal is not maintainable. The ld. D.R. fairly admitted that the tax effect is below the prescribed limit.

We have heard the parties and perused the relevant material on record. Going by the prescription of the aforenoted Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.60,00,000/-. We are, therefore, of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the stipulated amount. Accordingly, we dismiss the instant appeal without going into merits of the case. However, the Department is at liberty to file the Miscellaneous Application, if the tax effect is found to be more than the prescribed limit of Rs.60,00,000/-.

In the result, the appeal of the Revenue stands dismissed.