The Assistant Commissioner of Income-tax, Circle – 2, Pune v. Avinash Nivrutti Bhosale
[Citation -2019-LL-0919-70]
| Citation | 2019-LL-0919-70 |
|---|---|
| Appellant Name | The Assistant Commissioner of Income-tax, Circle – 2, Pune |
| Respondent Name | Avinash Nivrutti Bhosale |
| Court | ITAT-Pune |
| Relevant Act | Income-tax |
| Date of Order | 19/09/2019 |
| Assessment Year | 2012-13 |
| Judgment | View Judgment |
| Keyword Tags | monetary limit • low tax effect • disallowance of expenses |
| Bot Summary: | The Ld. AR, Shri Nikhil Pathak along with Shri Nimit Gujrathi submitted at the outset that the appeal of Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No. 17/2019, dated 08-08-2019. The Ld. AR submitted that the Department in appeal assailing the findings of Commissioner of Income Tax in restricting the disallowance on helicopter expenses to 1/7th instead of 1/4th disallowed by the Assessing Officer. The Ld. DR, Shri Pankaj Garg fairly admitted that in the present appeal by the Department tax effect is less than Rs.50 Lakhs. The Ld. AR submitted that the Department in appeal has assailing the findings of Commissioner of Income Tax in restricting the disallowance on helicopter expenses to 1/7th instead of 1/4th disallowed by the Assessing Officer. Undisputedly, the tax effect involved in appeal is less than the monetary limit prescribed by the recent CBDT Circular No. 17/2019, dated 08-08-2019 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. Thus, without going into merit of the issues raised in the appeal, in view of the CBDT Circular the present appeal of the Revenue is dismissed on account of low tax effect. |