DY. C.I.T. CENTRAL CIR.-1(3), NAGPUR vs. M/S GIGEO CONSTRUCTION CO.PVT. LTD, NAGPUR

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ITA 487/NAG/2016Status: DisposedITAT Nagpur15 November 2022AY 2008-093 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was based on the CBDT's circular revising the monetary limits for appeals and clarifying that these limits apply to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order passed by the CIT(A). The tax effect in the appeal was less than the revised monetary limit for filing appeals by the Department.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the low tax effect in light of revised CBDT monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH : NAGPUR

Before: S.S.VISWANETHRA RAVI & DR. DIPAK P. RIPOTE

For Appellant: Shri Manoj G Moryani – Adv
For Respondent: Shri Kailash G.Kanojiya – CIT(DR)
Hearing: 11/11/2022Pronounced: 15/11/2022

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1.

This is an appeal filed by the Revenue against the order of ld.Commissioner of Income Tax(Appeals)-3, Nagpur dated 21.06.2016 emanating from the order under section 153A r.w.s 143(3) of the Act dated 30.12.2010 passed by the ACIT, Central Circle-1(3), Nagpur.

2.

The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the Department in Income-tax Cases before various appellate forums. The earlier circular No.03/2018 dated 11/07/2018 fixed monetary

A.Y.2008-09 Gigeo Construction Co. Pvt. Ltd., [R] limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakhs. Such limit has now been enhanced in the Circular dated 08-08-2019 to Rs.50.00 lakhs. The tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakhs.

3.

At the time of hearing before this Tribunal, the ld.Authorised Representative(ld.AR) of the assessee submitted as under:

A.Y.2008-09 Gigeo Construction Co. Pvt. Ltd., [R]

4.

At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20-08-2019 has clarified that the revised monetary limits so mentioned in Circular No.17/2019 are applicable to all pending appeals. In view of the foregoing discussion, we dismiss the appeal filed by the Revenue on account of low tax effect.

5.

In the result, appeal of the Revenue is dismissed as not maintainable. Order pronounced in the open Court on 15th November, 2022.

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