INCOME TAX OFFICER, WARD 1(1), NAGPUR vs. URMILADEVI GAURISHANKAR AGRAWAL, NAGPUR

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ITA 93/NAG/2018Status: DisposedITAT Nagpur27 July 2023AY 2014-2015Bench: SHRI R.S.SYAL (Vice President), SHRI S.S.VISWANETHRA RAVI (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, following the CBDT circular enhancing the monetary limits for filing appeals, decided not to entertain the appeal as the tax effect was below the prescribed limit.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was admitted to be less than the revised monetary limit for filing appeals by the Department.

What were the issues?

Whether the appeal filed by the Revenue should be entertained when the tax effect is below the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH

Before: SHRI R.S.SYAL & SHRI S.S.VISWANETHRA RAVI

For Appellant: Shri Mukesh Agrawal
For Respondent: Smt. Rashmi Nathur
Hearing: 26.07.2023Pronounced: 27.07.2023

आदेश / ORDER

PER R.S.SYAL, VP: This appeal by the Revenue is directed against the order dated 28-02-2018 passed by the CIT(A)-1 Nagpur in relation to the assessment year 2014-15.

2.

At the outset, the ld. DR admitted that the tax effect in this appeal was 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.

1.

Since tax effect in the appeal under consideration is admitted to be less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal. However, later on, if the tax effect is found to be more than the monetary limit of Rs.50.00 lakh, the Department will be 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 27th July, 2023.

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