ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, MARGAO vs. SHRI SALIM MOHAMMED SHAIKH, CURCHOREM, GOA

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ITA 433/PAN/2018Status: DisposedITAT Panaji11 July 2023AY 2011-12Bench: SHRI R.S. SYAL (Vice President), SHRI PARTHA SARATHI CHAUDHURY (Judicial Member)3 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 tax effect was below the revised monetary limit for filing appeals. Therefore, the Tribunal was not inclined to entertain the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was stated to be Rs. 19.06 lakh. The CBDT had revised the monetary limit for filing appeals to Rs. 50.00 lakh.

What were the issues?

Whether the appeal filed by the Revenue is maintainable considering the tax effect below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI

Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY

For Respondent: Shri N. Shrikanth

आदेश / ORDER

PER R.S. SYAL, VP :

1.

This appeal by the Revenue is directed against the order 24-08-2018 passed by the CIT(A)-2, Panaji in relation to the assessment years 2011-12.

2.

At the outset, the ld. DR submitted that the tax effect in this appeal is less than Rs.50.00 lakh. 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 appeal under consideration is stated to be Rs.19.06 lakh, which is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal.

However, later on, if it is found that the tax effect is more than the monetary limit of Rs.50.00 lakh, the Department is at liberty to move application for restoration of the appeal.

3.

In the result, the appeal is dismissed. Order pronounced in the Open Court on 11th July, 2023.

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