ASSISTANT COMISSIONER, CENTRAL, CIRCLE -1(3), NAGPUR vs. SMT .SAROJ RAMESH RANDER, NAGPUR
What did the Tribunal hold?
The Tribunal held that the appeals were not maintainable as they did not fall under the exceptions provided in the CBDT Circular regarding monetary limits. Consequently, the appeals were dismissed as withdrawn.
What were the facts?
The Revenue filed multiple appeals before the ITAT against orders passed by the CIT(A). The tax effect in all these appeals was below the monetary limit prescribed by a CBDT Circular.
What were the issues?
Whether appeals with tax effect below the monetary limit prescribed by CBDT circular are maintainable before the Tribunal.
Which sections of the Income-tax Act were involved?
CBDT Circular No. 17/2019
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR
Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI
आदेश / ORDER
PER S.S. VISWANETHRA RAVI, JM :
All these appeals filed by the Revenue against the separate order dated 26-03-2018 and 23-03-2018 passed by the Commissioner of Income Tax (Appeals)-3, Nagpur [‘CIT(A)’] in respect of above mentioned assessment years.
Admittedly, the tax effect involved in all the appeals are below monetary limit fixed by the CBDT Circular vide its latest Circular No. 17/2019, dated 08-08-2019 and are not falling under the exceptions provided under the above said circular. Thus, grounds raised by the Revenue in all the appeals fails and all the appeals are not maintainable. Therefore, all the appeals of Revenue are dismissed as withdrawn in terms of CBDT Circular mentioned here-in-above, with a liberty to file appropriate application for restoration of all the appeals to the file.
In the result, all the above appeals of Revenue are dismissed.
Order pronounced in the open court on 28th July, 2023.
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