What did the Tribunal hold?

The Tribunal noted that the tax effect was below the enhanced monetary limit for appeals. As the Departmental Representative could not point to any exceptions, the appeal was dismissed as withdrawn.

The assessee's appeal arose from an order of the CIT(A) for Assessment Year 2007-08. The tax effect in the appeal was significantly below the monetary limit prescribed by CBDT Circular No. 17/2019 for filing appeals before the ITAT.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the prescribed monetary limit as per CBDT circulars.

ITO vs Mr. Amit V Raja | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

For Appellant: Shri Brajendra Kumar, AR

Hearing: 29.06.2021Pronounced: 31.08.2021

भहावीय ससिंह, उऩाध्मऺ के द्वाया / PER MAHAVIR SINGH, VP:

This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-58, Mumbai, [in short CIT(A)], in appeal No. CIT(A)-58, Mumbai/10071/2018-19 dated 08.03.2019. The assessment was framed by the Income Tax Officer, Ward 4(1)(1), Mumbai (in short ITO/ AO) for the A.Y. 2007-08 vide order dated 29.02.2016 under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Mr. Amit V Raja; AY 07-08

At the outset, it is noticed that the tax effect in this appeal is below the tax effect as prescribed vide CBDT Circular No. 17/2019 vide F. No. 279/Misc.142/2007-ITJ(Pt.) dated 08.08.2019, wherein the monetary limit for filing of appeal before ITAT is enhanced to ₹50 lacs. We noted that vide this circular No. 17/2019 dated 08.08.2019 an amendment was made to CBDT Circular No. 3/2018 dated 11.07.2018 vide F.No. 279/Misc. 142/2007-ITJ (Pt) increasing the monetary limit for filing of appeal before Income Tax Appellate Tribunal i.e. ₹ 50 lacs in each of the case from the monetary limit of ₹20 lacs. When this was confronted to the learned Sr. Departmental

Representative, he could not point out that this appeal falls under any of the exception as provided in Circular No. 3 of 2018, which are applicable to the present circular no. 17/2019. Admittedly, the tax effect in this appeal of Revenue is much below the prescribed limit of filing appeal before the Tribunal i.e. ₹ 50 lacs as per CBDT circular No. 17 of 2019. In view of the above, this appeal of Revenue is dismissed as withdrawn in view of Circular No. 17 of 2019. This appeal of Revenue’s appeal is dismissed as withdrawn.

In the Result, the appeal is dismissed. Order pronounced in the open court 31.08.2021. (एभ. फारगणेश / M. BALAGANESH) (भहावीय ससिंह /MAHAVIR SINGH) (रेखा सदस्म / ACCOUNTANT MEMBER) (उऩाध्मऺ / VICE PRESIDENT) भुिंफई, ददनािंक/ Mumbai, Dated: 31.08.2021 सुदीऩ सयकाय, व. ननजी सचिव/ Sudip Sarkar, Sr.PS Mr. Amit V Raja; AY 07-08 आदेश की प्रतिलऱपप अग्रेपषि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant प्रत्मथी / The Respondent. 2. आमकय आमुक्त(अऩीर) / The CIT(A) 3. आमकय आमुक्त / CIT 4. ववबागीम प्रनतननचध, आमकय अऩीरीम अचधकयण, भुिंफई /

DR, ITAT, Mumbai गार्ा पाईर / Guard file. 6. आदेशान सार/ BY ORDER, सत्मावऩत प्रनत //// उप/सहायक पुंजीकार /Asstt.

ITO (IT) - 4(1)(1), MUMBAI vs. MR. AMIT V RAJA, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments