DCIT 1(2)(1), MUMBAI vs. BRIGHTSTAR SYNTEX PVT.LTD., MUMBAI

At the outset, the leaned A.R. appearing for the assessee submitted that vide impugned order disallowance of Rs. 4,04,711 was deleted and thus, the tax effect on the amount disputed by the Revenue is below the revised monetary limit of Rs.50 lakh applicable to appeals before the Tribunal, as per CBDT Circular no.17 of 2019, dated 8th August 2019. Further, he submitted, none of the exceptions provided in CBDT Circular no.3 of 2018, dated 11th July 2018 r/w circular F. no.279/Misc./142/2007– ITJ–(Pt) dated 20th August 2018, would apply to Revenue’s appeal. Thus, the learned A.R. submitted that Revenue’s appeal being covered under the aforesaid Circulars is not maintainable.

The learned Departmental Representative could not produce any material before us to controvert the submission so made on behalf of the assessee.

Having considered the submissions and perused the material available on record, we are of the view that the tax effect on the amount disputed by the Revenue in the present appeal is below the revised monetary limit of Rs. 50 lakh as per CBDT Circular no.17/2019, dated 8th August 2019, r/w CBDT Circular no.3/2018, dated 11th July 2018, r/w circular F. no.279/Misc./142/2007–ITJ–(Pt) dated 20th August 2018. In view of the aforesaid, Revenue’s appeal deserves to be dismissed. However, the Revenue is given liberty to seek recall of this order if, at a later point of time, it is found that the appeal falls under any of the exceptions provided in the Circulars referred to above.

In the result, appeal by the Revenue appeal is dismissed. Order pronounced in the open court on 06/06/2022