2018 (8) TMI 2161 - AT - Income Tax

Maintainability of appeal on low tax effect - monetary limits for filing of appeals by the Department before the Tribunal with retrospective effect - HELD THAT - The tax effect in dispute in the captioned appeals is stated to be below the monetary limit of ₹ 20.00 lakhs specified in the CBDT Circular dated 11.07.2018. Revenue was required to state their position; they have not referred to any material which would show that the captioned appeals are protected by any of the exceptions provided in para 10 of the Circular (supra). Without going into the merit of the issues raised in the captioned appeals, this bunch of appeals are deemed to be withdrawn/not pressed as their filing is in contravention of the CBDT Circular dated 11.07.2018 (supra). Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeals, if the requisite material is brought to show that the appeals are protected by the exceptions prescribed in para 10 of the Circular (supra). By applying the CBDT Circular dated 11.07.2018 the captioned appeals of the Revenue are dismissed as withdrawn/not pressed.

Summary

The Appellate Tribunal ITAT Pune dismissed a bunch of appeals filed by the Revenue against orders of CIT(A) for different assessment years due to tax effect below the monetary limit specified in a CBDT Circular. The appeals were withdrawn/not pressed as they contravened the Circular, but Revenue can re-institute them with proper material. All Revenue appeals were dismissed on August 1, 2018.