March 2019
CBDT Circulars – CBDT Circular No. 3 of 2018 dated 11th July, 2018 which specifies the revised monetary limits for filing appeal by the department before Income-tax Appellate Tribunal, High Courts and SLPs/appeals before the Supreme Court is applicable even in respect of the appeals filed prior to the date of circular
By Jagdish T. Punjabi | Devendra Jain | Tejaswini Ghag
Chartered Accountants
32.
[2019] 101 taxmann.com 248 (Ahmedabad-Trib.) DCIT vs. Shashiben Rajendra Makhijani ITA No.: 254 and 255/Ahd./2016 A.Y.: 2009-10 and 2010-11 Dated: 17th December, 2018
CBDT Circulars – CBDT Circular No. 3 of
2018 dated 11th July, 2018 which specifies the revised monetary
limits for filing appeal by the department before Income-tax Appellate
Tribunal, High Courts and SLPs/appeals before the Supreme Court is applicable
even in respect of the appeals filed prior to the date of circular
FACTS
During the course of appellate proceedings,
the assessee submitted that the appeals filed by the revenue were to be
dismissed on account of low tax effect in view of the CBDT Circular No. 3 of
2018 dated 11th July, 2018.
HELD
The Tribunal observed that, indeed, the tax
effect in the instant appeals was less than the limit of Rs. 20 lakh prescribed
by CBDT Circular No. 3 of 2018 dated 11th July, 2018. The Tribunal
observed the assessee’s case was not covered within the exemption clause,
clause (10) of the said CBDT Circular and since tax effect was less than Rs. 20
lakh, the appeals were held to be not maintainable.
