What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable due to the low tax effect, which was below the threshold specified in the CBDT circular. Both the assessee and the Revenue conceded to this fact.

The Revenue filed an appeal before the ITAT, but the tax effect of the relief granted by the CIT(A) was below Rs. 50 lacs. This was below the revised monetary limit for filing appeals as per CBDT Circular No. 17 of 2019.

What were the issues?

The primary issue was the maintainability of the appeal before the ITAT based on the monetary limit prescribed by the CBDT for filing appeals.

DCIT vs M/S. Svp Global Textiles Ltd. | ITAT Mumbai 2022

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI AMIT SHUKLA, JM & SHRI M. BALAGANESH, AM

स्थायीलेखासं./जीआइआरसं./PAN No. AACCN1053B (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri A. B. Koli, Ld. DR by प्रत्यथीकीओरसे/Respondent : None by सुनवाईकीतारीख/ : 25.08.2022 Date of Hearing घोषणाकीतारीख / : 25.08.2022 Date of Pronouncement आदेश / O R D E R

Per Amit Shukla, Judicial Member:

The aforesaid appeal has been filed by the revenue against the impugned order dated 01.04.2022, passed by Ld. CIT(A)-54,

M/s SVP Global Textiles Ltd. Mumbai for the quantum appeal of assessment passed u/s 143(3) for AY 2018-19.

At the outset, Ld. AR appeared on behalf of the assessee submitted that the tax effect of the relief granted by the Ld. Commissioner of Income Tax (Appeals) is below Rs. 50 lacs and as per Circular No.17 of 2019 dated 08.08.2019 [F.No.279/Misc.142/2007-TTJ(Pt.) issued by the Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India, the CBDT has revised the monetary limit for filing appeals before the ITAT from the existing limit of Rs. 20 lacs to Rs. 50 lacs. In the light of the aforesaid facts, he submitted that this appeal is not maintainable and liable to be dismissed.

The Ld. Departmental Representative (DR) fairly conceded that this appeal is not maintainable in light of the aforesaid circular issued by the CBDT. The Ld. DR also did not point out that this appeal falls in any of the exceptions carved out in the above said circular.

M/s SVP Global Textiles Ltd. 4. We have gone through the order of the Ld. Commissioner of Income Tax (Appeals) and the grounds of appeals. We find that the tax effect in the above referred appeal is less than Rs. 50 lacs. Accordingly, we dismiss the aforesaid appeal filed by the Revenue as not maintainable/withdrawn.

5. In the result, the appeal filed by the revenue stands dismissed. Orders pronounced in the open court on 25th August, 2022. Sd/- Sd/- (M. Balaganesh) (Amit Shukla) Accountant Member Judicial Member मुंबई Mumbai;ददनांक Dated : 25.08.2022 Sr.PS. Dhananjay आदेशकीप्रनिनिनिअग्रेनर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT- concerned 5. दवभागीयप्रदतदनदध, आयकरअपीलीयअदधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File आदेशधिुसधर/ BY ORDER,

DCIT CENTRAL CIRCLE -7(2), MUMBAI vs. M/S. SVP GLOBAL TEXTILES LTD., MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments