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

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

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.

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.

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.

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.

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