Income Tax Appellate Tribunal - Rajkot
The Ito, Ward-1 (1) (1),, ... vs Thakarshibhai Dayabhai Shingala,, ... on 7 September, 2018
आयकर अपील य अ धकरण, राजकोट यायपीठ, राजकोट ।
IN THE INCOME TAX APPELLATE TRIBUNAL
RAJKOT BENCH, RAJKOT
सव ी राजपाल यादव या यक सद य एवं olhe vgen] ys[kk lnL;,
lnL; के सम ।
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND
SHRI WASEEM AHMED, ACCOUNTANT MEMBER
I.T.A. No. 474/Rjt/2015
( नधा रण वष / Assessment Year : 2009-10)
ITO, बनाम/ Thakarshibhai
Ward - 1(1)(1), Vs. Dayabhai Shingala,
Rajkot. At: Mota Mava,
Kalavad Road Rajkot.
थायी ले खा सं . /जीआइआर सं . / PAN/GIR No. : BZYPS 5689 D
(अपीलाथ' /Appellant) .. (()यथ' / Respondent)
अपीलाथ' ओर से /Appellant by : Written Submission
()यथ' क+ ओर से/Respondent by : Shri Praveen Verma, Sr. D.R.
ु वाई क+ तार ख /
सन Date of Hearing 27/08/2018
घोषणा क+ तार ख /Date of Pronounce ment 07/09/2018
आदे श / O R D E R
PER WASEEM AHMED, ACCOUNTANT MEMBER:
The captioned appeal has been filed at the instance of the revenue against the appellate order of the Commissioner of Income Tax (Appeals)- I, Rajkot [CIT(A) in short] vide appeal no.CIT(A)-I/Rjt/254/14-15 dated 17/07/2015 arising in the assessment order passed under s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") dated 17/03/2015 relevant to Assessment Year (AY) 2009-10
2. The grounds raised by the revenue per its appeal are as under:
"1. The learned CIT(A) has erred in law and on the facts in directing to delete the addition of Rs.55,82,780/- made by the AO on ITA No.474/Rjt/2015 ITO vs. Thakarshibhai Dayabhai Shingala Asst.Year -2009-10 -2- account of capital gain on sale of common plot & internal road land.
2. It is, therefore, prayed that the order of the ld CIT(A)-I Rajkot may kindly be set aside and that of the AO be restored."
3. At the time of the hearing, we observe that the tax effect in the appeal filed by the Revenue is less than Rs. 20 lacs. As per the Circular No. 3 of 2018 dated 11/07/2018 issued by CBDT recently all pending appeals filed by Revenue are liable to be dismissed/ withdrawn/ not pressed with a view to reduce the litigation where the tax effect does not exceed the prescribed monetary limit, i.e., Rs.20 Lacs. The relevant extract of the circular is reproduced below:
"2. In supersession of the above Circular, it has been decided by the Board that departmental appeals may be filed on merits before Income Tax Appellate Tribunal and High Courts and SLPs/ appeals before Supreme Court keeping in view the monetary limits and conditions specified below.
3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:
S. Appeals/ SLPs in Income-tax matters Monetary Limit No. (Rs.)
1. Before Appellate Tribunal 20,00,000
2. Before High Court 50,00,000
3. Before Supreme Court 1,00,00,000 The monetary limit for filing the appeals by the Revenue before the Tribunal has been increased to Rs.20 Lacs. It is also clarified in the said Circular that the said monetary limit is applicable retrospectively even to the appeals pending before the Tribunal. The ITA No.474/Rjt/2015 ITO vs. Thakarshibhai Dayabhai Shingala Asst.Year -2009-10 -3- CBDT has also instructed that such pending appeals below this specified tax limit of Rs.20 lacs may be withdrawn / not pressed.
In the case on hand, it was noticed that the tax effect on the disputed issue raised by the Revenue is claimed to be less Rs.20 Lacs. Therefore appeal of the Revenue is required to be dismissed in limine in terms of the above circular.
4. The Ld. DR for the Revenue fairly agreed on the applicability of the CBDT Circular No. 3 of 2018. Accordingly, the appeal of the Revenue is dismissed as not maintainable. However, the Revenue is on the liberty to move the miscellaneous application to recall the order if the tax effect exceeds the threshold limit or the case of the Revenue falls in any of the exception provided in the aforesaid CBDT Circular in any manner. The MA shall be filed within the prescribed time. Hence the appeal of the Revenue is dismissed.
5. In the result, the appeal of the Revenue is dismissed.
This Order pronounced in Open Court on 07/09/2018
Sd/- Sd/-
¼jktiky ;kno½ ¼olhe vgen½
U;kf;d lnL; Yks[kk lnL;
(RAJPAL YADAV) (WASEEM AHMED)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Ahmedabad; Dated 07/09/2018
Priti Yadav, Sr.PS
ITA No.474/Rjt/2015
ITO vs. Thakarshibhai Dayabhai Shingala Asst.Year -2009-10 -4- आदे श क त ल प अ े षत/Copy of the Order forwarded to :
1. अपीलाथ' / The Appellant
2. ()यथ' / The Respondent.
3. संबं धत आयकर आयु4त / Concerned CIT
4. आयकर आय4 ु त(अपील) / The CIT(A)- I, Rajkot.
5. 5वभागीय ( त न ध, आयकर अपील य अ धकरण,राजोकट/DR,ITAT, Rajkot
6. गाड फाईल / Guard file.
आदे शानुसार/ BY ORDER, स)या5पत ( त //True Copy// उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील%य अ&धकरण, राजोकट / ITAT, Rajkot