DY CIT CENTRAL CIRCLE-4(1), MUMBAI vs. M/S. VINOD KUMAR BAJAJ & COMPANY HUF, MUMBAI

PDF · subscribers
ITA 1874/MUM/2020Status: DisposedITAT Mumbai26 October 2021AY 2008-093 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 the appeals were not maintainable based on the CBDT circular regarding low tax effect. The appeals were dismissed with liberty to seek recall if exceptions applied or the tax effect exceeded the limit.

What were the facts?

The revenue filed appeals before the ITAT. The assessee's counsel argued that the appeals were not maintainable due to the low tax effect, citing a CBDT circular. The revenue could not controvert this submission.

What were the issues?

The primary issue was the maintainability of the revenue's appeals before the ITAT due to the low tax effect as per CBDT guidelines.

Which sections of the Income-tax Act were involved?

Not explicitly mentioned, but relates to the monetary limits for appeals set by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri A. K. Ghosh – Ld. AR
For Respondent: Shri S. N. Kabra – Ld. Sr. DR, Shri A. K. Ghosh – Ld. AR

Heard together (3 matters)

I.T.A. No. 1874/Mum/2020
I.T.A. No. 1877/Mum/2020
I.T.A. No. 1876/Mum/2020

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

आदेश / O R D E R Per Bench

1.

During hearing of captioned appeals by revenue, Ld. AR submitted that the appeals are not maintainable in terms of CBDT Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc.142/2007-TTJ(Pt.) since the tax effect in each of the appeal is below Rs.50 Lacs. For the same, our attention has been drawn to Form No.36 which mentions the quantum of tax effect. The Ld. AR also drew attention to para-3 of the circular which mandate Ld. AO to compute tax effect separately for each of the year in case of even composite orders of appellate authority. The Ld. DR could neither controvert the same nor could point out any exception as given in any of the circular.

2.

Upon perusal of record, we find that the appeals are not maintainable in terms of low tax effect circular issued by CBDT vide Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007- TTJ(Pt.). This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. Hence, all the three appeals stand dismissed with a liberty to revenue to seek recall of the appeals, if at a later stage, it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect in any of the appeals exceeds the prescribed monetary limit.

3.

Resultantly, all the appeals stands dismissed. Order pronounced on 26th October, 2021.

Sd/- Sd/- (Saktijit Dey) (Manoj Kumar Aggarwal) न्याययक सदस्य / Judicial Member लेखा सदस्य / Accountant Member मुंबई Mumbai; यदनांक Dated : 26/10/2021 Sr.PS, Dhananjay आदेशकीप्रधिधलधपअग्रेधर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent आयकरआयुक्त(अपील) / The CIT(A) 3. 4. आयकरआयुक्त/ CIT– concerned यवभागीयप्रयतयनयध, आयकरअपीलीयअयधकरण, मुंबई/ DR, ITAT, Mumbai 5. 6. गार्डफाईल / Guard File

Recent GST High Court judgments

Search GST case law →