DCIT, Central Circle-1(1), Ahmedabad v. Oriental Prospecting Co
[Citation -2019-LL-0911-114]

Citation 2019-LL-0911-114
Appellant Name DCIT, Central Circle-1(1), Ahmedabad
Respondent Name Oriental Prospecting Co.
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 11/09/2019
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: These appeals filed by the Revenue are directed against the order of the Ld. CIT(A)-11, Ahmedabad dated 03.01.2018 pertaining to A.Y. 2011-12 2013- 14. 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. We 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. In the result, both the appeals filed by the Revenue are dismissed.


IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER) IT(SS)A. Nos: 73 & 78/AHD/2018 (Assessment Years: 2011-12 & 2013-14) DCIT, Central Circle-1(1), V/S M/s Oriental Prospecting Ahmedabad Co. 19-21, Narayan rd Chambers, 3 Floor, Ashram Road, Ahmedabad (Appellant) (Respondent) PAN: AAAFO3112D Appellant by : Shri Mudit Nagpal, Sr. D.R. Respondent by : None ( )/ORDER Date of hearing : 09 -08-2019 Date of Pronouncement : 11-09-2019 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. These appeals filed by Revenue are directed against order of Ld. CIT(A)-11, Ahmedabad dated 03.01.2018 pertaining to A.Y. 2011-12 & 2013- 14. 2 IT(SS)A Nos. 73 & 78/Ahd/2018 . A.Ys. 2011-12 & 2013-14 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. We 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, both appeals filed by Revenue are dismissed. Order pronounced in Open Court on 11 - 09- 2019 Sd/- Sd/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad: Dated 11/09/2019 Rajesh Copy of Order forwarded to DCIT, Central Circle-1(1), Ahmedabad v. Oriental Prospecting Co
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