What did the Tribunal hold?

The Tribunal noted that the CBDT had revised the monetary limit for filing appeals to Rs. 50.00 lakh. As the tax effect was below this limit, the appeal was not entertained.

The Revenue filed an appeal before the ITAT. The Revenue's counsel submitted that the tax effect in the case was less than Rs. 50.00 lakh.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable given the revised monetary limits for appeals set by the CBDT.

DCIT vs Renishaw Metrology Systems Ltd | ITAT Pune 2021

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

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

For Appellant: Shri Ajit Kumar Jain

For Respondent: Shri A.M. Mahadevan Krishnan

This appeal by the Revenue is directed against the order passed by the ld. CIT(A)-13, Pune on 17-03-2017 in relation to the assessment year 2012-13.

At the outset, the ld. DR submitted that the tax effect in this case 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

Renishaw Metrology Systems Limited 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 particular appeal is 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.

In the result, the appeal is dismissed. Order pronounced in the Open Court on 13th October, 2021.

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 5, PUNE vs. RENISHAW METROLOGY SYSTEMS LTD, PUNE

What did the Tribunal hold?

What were the facts?

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