The DCIT, Circle-2(1)(1), Ahmedabad v. Gujarat Mineral Development Corporation Ltd
[Citation -2019-LL-0911-113]

Citation 2019-LL-0911-113
Appellant Name The DCIT, Circle-2(1)(1), Ahmedabad
Respondent Name Gujarat Mineral Development Corporation Ltd.
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 11/09/2019
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: At the time of hearing, it was submitted by the Ld.AR for the assessee that appeal filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine. The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeal of the Revenue is dismissed as not maintainable. It will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner. In the result, appeal filed by the Revenue is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) ITA No: 697/AHD/2015 (Assessment Year 2010-11) DCIT, Circle-2(1)(1), V/S Gujarat Mineral Ahmedabad Development Corporation Ltd., Khanji Bhavan 132 Feet Ring Road, Nr. University Ground, Vastrapur, Ahmedabad- 380052 (Appellant) (Respondent) PAN: AAACG7987P Appellant by Shri Lalit P Jain, Sr. D.R. Respondent by Shri Bandish Soparkar, A.R. ( ORDER Date of hearing 20 -08-2019 Date of Pronouncement 11 -09-2019 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. This appeal filed by Revenue is directed against order of Ld. CIT(A)-2, Ahmedabad dated 02.12.2014 pertaining to A.Y. 2010-111. 2 ITA No. 697/Ahd/2015 . A.Y. 2010-11 2. At time of hearing, it was submitted by Ld.AR for assessee that appeal filed by Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as measure for reducing litigation where tax effect does not exceed prescribed monetary limit which is now revised at Rs.50 Lakhs. In instant case, tax effect on disputed issues raised by Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of Revenue is required to be dismissed in limine. 3. Learned DR for Revenue fairly admitted applicability of CBDT Circular No. 17 of 2019. Accordingly, appeal of Revenue is dismissed as not maintainable. However, it will be open to Revenue to seek restoration of its appeal on showing inapplicability of aforesaid CBDT Circular in any manner. 4. In result, appeal filed by Revenue is dismissed. Order pronounced in Open Court on 11 - 09- 2019 Sd/- Sd/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad: Dated 11 /09/2019 Rajesh Copy of Order forwarded to:- 1. Appellant. 2. Respondent. DCIT, Circle-2(1)(1), Ahmedabad v. Gujarat Mineral Development Corporation Ltd
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