DY CIT CENTRAL CIRCLE-5(4), MUMBAI vs. M/S DECENT DIAMONDS, MUMBAI

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ITA 1652/MUM/2020Status: DisposedITAT Mumbai06 December 2021AY 2007-083 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the tax effect was below the CBDT's prescribed limit for filing appeals, the Revenue's appeals were not maintainable. Consequently, the assessee's cross-objections, which were dependent on the Revenue's appeals, also did not survive.

What were the facts?

The Revenue filed appeals before the ITAT, but the assessee's counsel argued that the tax effect in these cases was below the monetary limit prescribed by the CBDT for filing appeals. The Revenue's counsel could not dispute this fact or provide any exceptions.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT due to the tax effect being below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 17/2019

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” Bench, Mumbai

For Appellant: Shri Himanshu Gandhi
For Respondent: Ms. Sonia Kumar
Hearing: 29.11.2021Pronounced: 06.12.2021

Heard together (8 matters)

I.T.A. No. 1652/Mum/2020
I.T.A. No. 1653/Mum/2020
I.T.A. No. 1654/Mum/2020
I.T.A. No. 1655/Mum/2020
C.O. No. 123/Mum/2021
C.O. No. 124/Mum/2021
C.O. No. 125/Mum/2021
C.O. No. 126/Mum/2021

Read from the judgment's own cause title. This page is filed under one of them.

Per Bench :-

1.

These are appeals by the Revenue and cross objection by the assessee against the respective orders of learned CIT(A) for respective assessment years.

2 M/s. Decent Diamonds

2.

At the outset learned counsel of the assessee submitted that the tax effect in these cases are below the limit of Rs. 50,00,000fixed by CBDT vide Circular No. 17/2019 dated 8/8/2019 for filing appeal before the 1TAT. Hence learned counsel submitted that these appeal by the Revenue are not maintainable.

3.

Per contra Ld DR could not dispute that the tax effect is below the said limit. He could not point out that the appeals fall in any of the exceptions carved in said circular.

4.

Upon careful consideration we find that as the tax effect is below the limit fixed by CBDT for filing appeals before the ITAT, these appeal by the revenue are liable to be dismissed in limine. Accordingly the appeals stand dismissed as such.

Assessee’s cross appeals :-

5.

Since the Revenue’s appeals are being dismissed as not maintainable, the assessee’s cross objection in relation to these appeals do not survive and hence, they are also dismissed.

6.

In the result, all these appeals and cross objections are dismissed.

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