Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (12) TMI 328 - AT - Income TaxMaintainability of appeal in Tribunal - low tax effect - HELD THAT:- The Central Board of Direct Taxes, vide Circular No. 17/2019, dated 8th August, 2019, F. No. 270/Misc.142/2007ITJ(Pt.), has issued the direction in supersession of the Circular No. 3/2018 dated 11th July, 2018, F.No. 279 of Misc.142/2007-ITJ (Pt.), in consonance with the power entrusted under section 268A of the Income Tax Act, 1961 that no appeal should be filed before the Tribunal in case the tax effect does not exceed Rs. 50 lakhs. In the backdrop of the CBDT Circular No. 17/2019, the Ahmedabad Bench of the Tribunal, in its recent order passed in Dinesh Madhavlal Patel, Ahmedabad and other [2019 (8) TMI 752 - ITAT AHMEDABAD] disposing of 628 appeals and COs. It may be clarified that though every care has been taken by the Registry of the Tribunal in identifying the appeal, it may yet be that some error in working the tax effect may have occurred. It may also be that the appeal is otherwise saved by the exceptions listed at para 10 (scope of which stands widened vide amendment dated 20/8/2018) or para 11 of the Circular. Accordingly, liberty is hereby granted to the parties to move the Tribunal in this regard, in which case it shall, if satisfied on merits, recall the appeal for being heard on merits.
|