I.T.O. - 18(1)(3), MUMBAI vs. SHRI DEEPAK JAIDEO AGARWAL, MUMBAI

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ITA 1048/MUM/2018Status: DisposedITAT Mumbai07 June 2022AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect was indeed below the revised monetary limit of Rs. 50 lacs for filing appeals before the ITAT. Consequently, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2011-12. The assessee argued that the tax effect 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 due to the tax effect being below the revised monetary limit set by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR, VP & SHRI AMIT SHUKLA, JM

O R D E R

Per Amit Shukla, Judicial Member:

1.

The aforesaid appeal has been filed by the revenue against the impugned order dated 25.04.2016, passed by Ld. CIT(A)-29,

Shri Deepak Jaideo Agarwal Mumbai for the quantum appeal of assessment passed u/s 143(3) for AY 2011-12.

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.

3.

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.

4.

We have gone through the order of the Ld. Commissioner of Income Tax (Appeals) and the grounds of appeals. We find that the Shri Deepak Jaideo Agarwal 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 7th June, 2022. Sd/- Sd/- (Pramod Kumar) (Amit Shukla) Vice President Judicial Member मुंबई Mumbai;ददनांक Dated : 07.06.2022 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,

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