Income-tax Officer, Ward - 2(4),, Aurangabad Sanjay Atmaram Sarkate,, Aurangabad

Last updated: 20 May 2021

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The Income Tax Officer's appeal against Sanjay Atmaram Sarkate for the 2011-12 assessment year has been dismissed. The assessee argued that the tax effect involved was below the Rs. 50 Lakhs threshold set by recent CBDT circulars. Although the Revenue representative was unsure of the exact tax effect, the appeal was ultimately dismissed on these grounds.

Court :
ITAT Pune

Brief :
This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeals)-2, Aurangabad dated 11.09.2017 for the assessment year 2011-12 as per the ground of appeal on record.

Citation :
ITA No. 2823/PUN/2017

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE

BEFORE SHRI R.S. SYAL, VP AND
SHRI S.S. VISWANETHRA RAVI, JM

ITA No. 2823/PUN/2017
Assessment Year : 2011-12

The Income Tax Officer,
Ward-2(4), Aurangabad.
Appellant

V/s.

Shri Sanjay Atmaram Sarkate,
Flat No.10, Swar Vihar,
Moreshwar Housing Society,
Garkheda, Aurangabad.
PAN : AETPS9859J
Respondent

Assessee by : None
Revenue by : Shri Vitthal Bhosale

Date of Hearing : 29.04.2021
Date of Pronouncement : 29.04.2021

ORDER

This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeals)-2, Aurangabad dated 11.09.2017 for the assessment year 2011-12 as per the ground of appeal on record.

2. By filing an application dated 28th April, 2021, the assessee submitted that the tax effect involved in this appeal is below Rs.50 Lakhs and therefore, the appeal of Revenue is liable to be dismissed on account of low tax effect in terms of recent CBDT Circular No.17/2019 [F No.279/Mise.142/2007-ITJ (Pt)], dated 08.08.2019 read with Circular No.3 of 2018 dated 11.07.2018 revising the upward monetary limits for filing of appeals in Income Tax Cases before various Appellate Forums. The earlier CBDT Circular No.03/2019 dated 11.07.2018 fixed monetary limit for filing of appeals before the Tribunal at Rs.20 Lakhs. Such limit has been enhanced in the recent CBDT Circular dated 08.08.2019 from Rs.20 lakhs to Rs. 50 Lakhs. Thus, the tax effect on the addition is less than Rs.50 Lakhs.

3. The Ld. DR submitted that he is not sure about the tax effect involved in this appeal however, prayed for passing a conditional order to this effect.

To know more in details find the attachment file

FAQ :

The appeal was dismissed because the tax effect involved was below the monetary limit for filing appeals set by the CBDT, which was revised to Rs. 50 Lakhs.

The CBDT Circulars (specifically No. 17/2019 and No. 3/2018) revised the monetary limits for filing appeals, increasing the threshold for appeals to the Tribunal to Rs. 50 Lakhs.

The assessee submitted that the tax effect was below Rs. 50 Lakhs, making the appeal liable for dismissal based on the updated CBDT circulars.

The appellant was the Income Tax Officer, Ward-2(4), Aurangabad, and the respondent was Shri Sanjay Atmaram Sarkate.