In Income Tax Appeal No. 50 of 2017, the Appellate Tribunal dismissed the appeal filed by the Principal Commissioner of Income Tax as not maintainable because the tax effect was below Rs. 50 lakh, citing a Circular of the Ministry of Finance dated 11.07.2018.
Appeal dismissed as not maintainable.
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Court No. - 35
Case :- INCOME TAX APPEAL No. - 50 of 2017
Appellant :- Principal Commissioner Of Income Tax-2 Kanpur Nagar Respondent :- M/S R.R. Perfumer Pvt. Ltd. Kanpur Nagar Counsel for Appellant :- Krishna Agarawal Counsel for Respondent :- Ashish Bansal
Hon'ble Bharati Sapru,J. Hon'ble Piyush Agrawal,J.
Shri Krishna Agarwal, learned counsel for the appellant - Department states that the tax effect involved in this appeal is below the monetary limit of Rs.50,00,000/-.
This appeal is, therefore, dismissed as not maintainable in view of the Circular of Ministry of Finance dated 11.07.2018, as modified by F.N.390 /Misc. /116 /2017 -JC/, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes & Customs (Judicial Cell).
Order Date :- 20.2.2019 Amit Mishra
2 issues framed by the court
Whether the Income Tax Appeal was maintainable despite low tax effect.
Whether Circular of Ministry of Finance dated 11.07.2018 bars filing of appeal below Rs. 50 lakh.
Principal Commissioner Of Income Tax-2 Kanpur Nagar
M/S R.R. Perfumer Pvt. Ltd. Kanpur Nagar
Bharati Sapru
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
