DCIT, Central Circle –1, Nashik v. Sunil Manakchand Kotecha
[Citation -2019-LL-0826-19]

Citation 2019-LL-0826-19
Appellant Name DCIT, Central Circle –1, Nashik
Respondent Name Sunil Manakchand Kotecha
Court ITAT-Pune
Relevant Act Income-tax
Date of Order 26/08/2019
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags low tax effect • monetary limit
Bot Summary: PAN ABBPK2141Q Respondent Revenue by Ms. Shabana Parveen Assessee by Shri Hari Krishan Date of Hearing 26.08.2019 Date of Pronouncement 26.08.2019 ORDER PER D. KARUNAKARA RAO, AM This appeal is filed by the Revenue against the order of the CIT(A)-12, Pune dated 02.09.2016 for the assessment year 2012-13. Counsel for the assessee submitted that the appeal of the Revenue is liable to be dismissed on account of low tax effect in terms of latest CBDT Circular No.17/2019 F.No. Counsel for the assessee submitted that the Revenue in appeal raised grounds assailing the findings of CIT(A) in deleting the additions. DR for the Revenue fairly admitted that in the present appeal by the Revenue the tax effect is less than Rs.50 lakhs. The Revenue is in appeal against the order of CIT(A) in deleting the additions. 142/2007-ITJ dated 08th August, 2019 read with Circular No.3 of 2018 dated 11.07.2018 for filing of appeals before the Tribunal by the Department. The CBDT vide circular dated 08-08-2019 has amended Para 3 of Circular No.3 of 2018 dated 11-07-2018 thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50 Lakhs for filing of appeals by the Department before the Tribunal.


IN INCOME TAX APPELLATE TRIBUNAL BENCH, PUNE BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . ITA No.2826/PUN/2016 Assessment Year 2012-13 DCIT, Central Circle 1, Nashik. Appellant V/s. Sunil Manakchand Kotecha, 4, Sagar Society, Nr Onkerashwar Temple, Vardhaman Nagar, Jalgaon 425 001. PAN ABBPK2141Q Respondent Revenue by Ms. Shabana Parveen Assessee by Shri Hari Krishan Date of Hearing 26.08.2019 Date of Pronouncement 26.08.2019 ORDER PER D. KARUNAKARA RAO, AM This appeal is filed by Revenue against order of CIT(A)-12, Pune dated 02.09.2016 for assessment year 2012-13. 2. Before us, at outset, ld. counsel for assessee submitted that appeal of Revenue is liable to be dismissed on account of low tax effect in terms of latest CBDT Circular No.17/2019 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 08th August, 2019 read with Circular No.3 of 2018 dated 11.07.2018. ld. Counsel for assessee submitted that Revenue in appeal raised grounds assailing findings of CIT(A) in deleting additions. Thus, tax effect on said additions is less than Rs.50 lakhs. 3. ld. DR for Revenue fairly admitted that in present appeal by Revenue tax effect is less than Rs.50 lakhs. 2 ITA No.2826/PUN/2016 4. Both sides heard. Revenue is in appeal against order of CIT(A) in deleting additions. Undisputedly, tax effect involved in appeal is less than monetary limit prescribed by recent CBDT Circular No.17/2019 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 08th August, 2019 read with Circular No.3 of 2018 dated 11.07.2018 for filing of appeals before Tribunal by Department. CBDT vide circular dated 08-08-2019 (supra) has amended Para 3 of Circular No.3 of 2018 dated 11-07-2018 thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50 Lakhs for filing of appeals by Department before Tribunal. Thus, without going into merit of issues raised in appeal, in view of CBDT Circular (supra) present appeal of Revenue is dismissed on account of low tax effect. 5. Before parting, we clarify here that Revenue shall be at liberty to approach Tribunal for restoration of appeal, with requisite material to show that appeal is protected by exceptions prescribed in Para 10 of Circular dated 11-07-2018 and its amendment dated 20-08-2018. 6. In result, appeal of Revenue is dismissed. Order pronounced in open Court on 26th day of August, 2019. Sd/- Sd/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Pune Dated 26th August, 2019. GCVSR Copy of Order forwarded to 1. Appellant. 2. Respondent. 3. CIT(A)-12, Pune. 4. Pr.CIT, Central, Nagpur. 5. DR, ITAT, Bench, Pune. 6. Guard File. BY ORDER, Senior Private Secretary , ITAT, Pune. DCIT, Central Circle 1, Nashik v. Sunil Manakchand Kotecha
Report Error