INCOME TAX OFFICER, WARD-4, NAGPUR vs. SHRI SANJAYKUMAR PRAKASHCHANDRA SARAF, CHANDRAPUR

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ITA 397/NAG/2019Status: DisposedITAT Nagpur10 October 2022AY 2009-104 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the CBDT's revised circular increased the monetary limit for filing appeals to Rs. 50.00 lakh. As the tax effect in these appeals was below this limit, the Tribunal was not inclined to entertain them.

What were the facts?

The Revenue filed appeals before the ITAT. The assessee's representative pointed out that the tax effect was below the revised monetary limit for filing appeals. The Revenue's counsel conceded to this fact.

What were the issues?

Whether the appeals filed by the Revenue are maintainable in light of the revised monetary limits prescribed by the CBDT for filing appeals before the Tribunal.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, NAGPUR

Before: SHRI R.S. SYAL

For Appellant: Shri Mahavir Atal
For Respondent: Shri G.J. Ninawe

Assessee by Shri Mahavir Atal Revenue by Shri G.J. Ninawe Date of hearing 10-10-2022 Date of pronouncement 10-10-2022 आदेश / ORDER PER R.S. SYAL, VP: These appeals by the Revenue arise out of two separate orders dated 09.09.2019 passed by CIT(A)-2, Nagpur in relation to the assessment years 2009-10 and 2010-11. Since some common issues are raised in these appeals, I, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience.

2.

At the outset, the ld. AR submitted that the tax effect in this case is less than Rs.50.00 lakh, to which the ld. DR fairly conceded.

3.

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 limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal.

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. Not only that, it has further been directed to the competent authorities to withdraw all such appeals on or before 31-10-2019. However, it is made clear that if the tax effect in this particular appeal is found out to be more than the prescribed monetary limit of Rs.50.00 lakh or the case is covered by an exception, it will be open to the Revenue to move the Tribunal for taking necessary action.

5.

In view of the foregoing discussion, I dismiss the appeals filed by the Revenue.

Order pronounced in the Open Court on 10th October, 2022.

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