What did the Tribunal hold?

The Tribunal held that the revised monetary limits are applicable to all pending appeals. Since the tax effect was below the prescribed limit, the appeal was not entertained.

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than Rs. 50.00 lakh, which was the revised monetary limit for filing appeals by the Department as per CBDT Circular No. 17/2019.

What were the issues?

Whether the revised monetary limits for filing appeals by the Revenue are applicable to pending appeals.

ACIT vs Satish Anant Potdar, Ratnagiri | ITAT Pune 2021

Income Tax Appellate Tribunal, PUNE BENCH, ‘B’ PUNE

Before: SHRI R.S. SYAL & SHRI C.M. GARG

For Appellant: Shri Pramod Shingte

For Respondent: Shri Piyush Kumar Singh Yadav

This appeal by the Revenue arises out of the order passed by the CIT(A)-2, Kolhapur on 24-07-2018 in relation to the assessment year 2012-13.

At the outset, the ld. AR submitted that the tax effect in the instant appeal is less than Rs.50.00 lakh, which the ld. DR conceded.

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 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.

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. However, it is made clear that if the tax effect in this appeal is found by the AO to be more than the prescribed monetary limit of Rs.50.00 lakh or the case(s) is found to be covered by an exception, it will be open to the Revenue to move the Tribunal for recalling the order.

In the result, the appeal is dismissed. Order pronounced in the Open Court on 12th November, 2021.

ASSISTANT COMMISSIONER OF INCOME-TAX, RATNAGIRI CIRCLE, RATNAGIRI vs. SATISH ANANT POTDAR, RATNAGIRI

What did the Tribunal hold?

What were the facts?

What were the issues?

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