DY. C.I.T. CENTRAL CIR.-1(3), NAGPUR vs. SHRI CHAGANLAL KUNVERJIBHAI. PATEL, NAGPUR

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ITA 525/NAG/2016Status: DisposedITAT Nagpur15 November 2022AY 2007-083 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. The dismissal was based on the low tax effect, which fell below the enhanced monetary limit for appeals.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The tax effect in the appeal was less than the revised monetary limit for filing appeals as per CBDT Circular No. 17/2019.

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 29.07.2016 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.2007-08 Shri Chaganlal Kunverjibhai Patel [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: “Assessee : Chhaganlal K Patel Asstt. Year : 2007-2008 Appeal No. : (Dept) Fixed For : 06/06/2022 Returned Income : 21,06,937/- Assessed Income : 1,35,00,220/- Addition : 1,13,93,283/- TAX on Returned Income : 6,53,096/- (i.e. Tax on 21,06,937/-) TAX on Assessed Income : 40,00,066/- (i.e. Tax on 1,35,00,220/-) NET TAX EFFECT : 33,46,970/- Addition 1,13,93,283/- Addition deleted by CIT(A): 1,13,93,283/- Revised assessed income: 21,06,937/- Ground No. __ Issue covered in favour of the assessee by board circular vide no.17 of 2019 Tax Effect - Rs.33,46,970/-.”

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 A.Y.2007-08 Shri Chaganlal Kunverjibhai Patel [R] low tax effect. However, Revenue is at liberty to file Miscellaneous Application, if the appeal is covered by any of the exceptions mentioned in the circular.

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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