Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
ORDER PER VIKAS AWASTHY, J.M: These two appeals have been filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-47 Mumbai [hereinafter referred to as आअसं. 745 & 746/मुं/2020 (िन.व.2014-15 & 2013-14) & 746/MUM/2020 (A.Y. 2014-15 & 2013-14) ‘the CIT(A)’] dated 08.11.2019 common for the Assessment Years (AY) 2013-14. & 2014-15.
Ms. Varsha Bhatter appearing on behalf of the assessee submitted at the outset that these appeals by the Revenue are liable to be dismissed on account of Low Tax Effect in the light of CBDT Circular No. 17/2019 dated 08.08.2019. The ld. AR pointed that tax effect involved in appeal for A.Y. 2014-15 as per Form-36 is Rs. 4,37,854/- and for A.Y. 2013-14 is Rs. 31,97,204/-.
Sh. Kailash Gaikwad representing the Department fairly admitted that as per Form-36, the tax effect involved in appeals by the Revenue is below the threshold limit for filing of the appeals by the Revenue before the Tribunal.
Both sides heard. The tax effect involved in appeal for A.Y. 2014-15 is Rs. 4,37,854/- and for A.Y. 2013-14 is Rs. 31,97,204/- i.e. far below the monetary limit specified by the CBDT vide Circular No.17/2019 (supra) for filing of appeals by the Revenue before the Tribunal. Thus, without going into merits of the issue raised in appeals, the present appeals by Revenue are dismissed on account of low tax effect.
Liberty is granted to the Revenue for revival of appeal(s), with the requisite material to show that the appeal(s) are protected by the exceptions specified in Para 10 of the Circular dated 11-07-2018 and its amendment dated 20/08/2018.