What did the Tribunal hold?

The Tribunal held that the tax effect was below the revised monetary limit for filing appeals before the ITAT. Consequently, the Revenue's appeal was dismissed as not maintainable, and the assessee's Cross Objection was rendered infructuous and also dismissed.

The Revenue filed an appeal before the ITAT, and the assessee filed a Cross Objection. The assessee's counsel argued that the tax effect of the relief granted by the CIT(A) was below Rs. 50 lacs, making the appeal not maintainable as per CBDT Circular No. 17 of 2019.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit prescribed by CBDT Circular No. 17 of 2019.

ITO vs Denish Harilal Shah | ITAT Mumbai 2022

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI AMIT SHUKLA, JM, & SHRI S. RIFAUR RAHMAN, AM

For Appellant: Shri Bharat Kumar, Ld. AR

स्थायीलेखासं./जीआइआरसं./PAN No. AWGPS3773C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Shri Nimesh Yadav, Ld. DR अपीलाथीकीओरसे/ Appellant by : Shri Bharat Kumar, Ld. AR प्रत्यथीकीओरसे/Respondent by : सुनवाईकीतारीख/ : 21.06.2022 Date of Hearing घोषणाकीतारीख / : 21.06.2022 Date of Pronouncement आदेश / O R D E R Per Bench: The aforesaid appeal has been filed by the revenue and the Cross Objection filed by the assessee against the impugned order dated 27.03.2018, passed by Ld. CIT(A)-37, Mumbai for the quantum appeal of assessment passed u/s 143(3) for AY 2013-14.

2 CO No. 49/Mum/2020 Mr. Denish Harilal Shah 2. 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.

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.

Since we have already dismissed the appeal of revenue as not maintainable, the Cross Objection as filed by the assessee as admitted by the Ld. Counsel of the assessee is treated as infructuous. Accordingly, the CO filed by the assessee is also dismissed.

ITO WD. 25(2)(3), MUMBAI vs. DENISH HARILAL SHAH, MUMBAI

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