ACIT- CC-4(4) CR. 4, PR. CIT- (C)- 2, MUMBAI vs. UMAX PACKAGING LTD,., MUMBAI

By way of the present appeal the Revenue has challenged the order, dated 23.02.2021, passed by the Ld. Commissioner of Income Tax (Appeals)-52 Mumbai, [hereinafter referred to as ‘the CIT(A)’] for the Assessment Year 2013-14, whereby the Ld. CIT(A) had allowed the appeal filed by the Assessee against the Assessment Order, dated 30.12.2016 passed under section 143(3) read with Section 153A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). Assessment Year: 2013-14

When appeal was taken up for hearing, none was present for the Assessee. However, we note that as per Form No. 36, the tax effect in the present appeal is INR 39,84,629/-. According to the Circular No. 17 of 2019, dated 08.08.2019, issued by the Central Board of Direct Taxes (CBDT) the monetary limit for filing departmental appeal before the Tribunal stands enhanced and departmental appeal is not be filed before the Tribunal in cases where the tax effect does not exceed the specified monetary limits of INR 50 Lakhs. The tax effect in the present appeal below the aforesaid specified monetary limit and therefore, the present appeal is dismissed as ‘withdrawn/not pressed’ in terms of the above-said circular.

However, in case on re-verification the Revenue comes to the conclusion that the tax effect is higher than the above-said specified monetary limit, or the appeal falls within the exemption clause as contained in Circular No.3/2018, dated 11-7-2018 as amended by the letter [F.No.279/Misc.142/2007-ITJ (PT)], dated 20-8-2018 then the Revenue would be at liberty to file Miscellaneous Application seeking recall the present order. The application should be filed within time limit prescribed in the Act.

In the result, this appeal is dismissed as withdrawn.