Assistant Commissioner of Income Tax, Circle - 1, Margao V. Shri Salim Mohammed Shaikh, Curchorem, Goa

ITA 433/PAN/2018

AI Insights

The case involves an appeal by the Assistant Commissioner of Income Tax (ACIT), Circle-1, Margao against Salim Mohammed Shaikh concerning the assessment year 2011-12. The appeal was directed against the order passed by the CIT(A)-2, Panaji. The primary contention in the appeal was the tax effect, which was reported to be Rs. 19.06 lakh, below the revised monetary limit of Rs. 50.00 lakh set by the CBDT Circular No. 17/2019 dated 08-08-2019. The Income Tax Appellate Tribunal, Pune, decided not to proceed with the appeal based on the monetary threshold, emphasizing the procedural guideline that limits the Department's appeals to significant tax effects.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136927 (ITAT-PANAJI)
• Duration Of Justice: 4 year(s) 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: WT(D)
• Next Hearing Date: 06-07-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 08-11-2018
• Laws Referred To: CBDT Circular No.17/2019, CBDT Circular No.03/2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI (AT e-Court, PUNE) BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER आयकर अपील सं. / ITA No.433/PAN/2018 नधा रण वष / Assessment Year : 2011-12 ACIT, Circle-1, Margao Vs. Salim Mohammed Shaikh, Office-2, Ist Floor, Venkatesh Chambers, Hospital Road, Curchorem, Goa PAN : ALIPS2969K Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the Revenue is directed against the order 24-08-2018 passed by the CIT(A)-2, Panaji in relation to the assessment years 2011-12. 2. At the outset, the ld. DR submitted that the tax effect in this appeal is less than Rs.50.00 lakh. The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the Department in Income-tax Cases before various appellate forums. The earlier circular No.03/2018 dated Assessee by None Revenue by Shri N. Shrikanth Date of hearing 07-07-2023 Date of pronouncement 11-07-2023 ITA No.433/PAN/2018 Salim Mohammed Shaikh 2 11-07-2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the appeal under consideration is stated to be Rs.19.06 lakh, which is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal. However, later on, if it is found that the tax effect is more than the monetary limit of Rs.50.00 lakh, the Department is at liberty to move application for restoration of the appeal. 3. In the result, the appeal is dismissed. Order pronounced in the Open Court on 11 th July, 2023. Sd/- Sd/- ( PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 11 th July, 2023 सतीश ITA No.433/PAN/2018 Salim Mohammed Shaikh 3 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The respondent 3. The CIT-2, Panaji 4. DR, ITAT, Panaji Bench, Panaji 5. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 07-07-2023 Sr.PS 2. Draft placed before author 10-07-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *