What did the Tribunal hold?

The Tribunal noted that the tax effect was below the monetary limit for filing appeals as per the CBDT circular. Both parties agreed that no exceptions applied to this circular.

The Revenue filed appeals before the ITAT for assessment years 2008-09 and 2009-10. The assessee submitted that the tax effect in these appeals was below the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

Whether the appeals filed by the Revenue are maintainable before the Tribunal given the tax effect is below the prescribed monetary limit as per CBDT Circular No. 17/2019.

ACIT vs M/S Poonam Builders | ITAT Mumbai 2021

Income Tax Appellate Tribunal, MUMBAI BENCHES “C”, MUMBAI

Before: SHRI SAKTIJIT DEY (JM) & SHRI S. RIFAUR RAHMAN (AM)

Hearing: 18/08/2021Pronounced: 18/08/2021

PER BENCH Captioned appeals by the revenue in respect of the same assessee arise out of a common order dated 08.11.2019 of learned Commissioner of Income Tax (Appeals)- 47, Mumbai for the assessment years 2007-08, 2008-09, 2009- 10 and 2011-12. However, presently we are concerned with assessment years 2008-09 and 2009-10. 2. At the outset, learned Authorized Representative of the assessee submitted that the tax effect on the amount disputed by the revenue in the present appeals are below the monetary limit of Rs. 50 lacs as per the Circular Assessment Years: 2008-09 & 2009-10 No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT). Further, she submitted, the appeals are not protected by any of the exceptions to the aforesaid circular.

Learned Departmental Representative fairly agreed with the aforesaid submissions of the learned Authorized Representative.

Having considered rival submissions and perused the materials on record, we find that the tax effect on the amount disputed by the revenue in the present appeals are below the monetary limit of Rs. 50 lacs, the threshold limit fixed by CBDT in Circular No. Circular No. 17/2019 dated 08.08.2019 for filing appeal before the Tribunal. It is also a common point between the assessee and the revenue that the appeals are not protected by any of the exceptions to the aforesaid circular.

In view of the aforesaid, we treat the appeals as deemed to have been withdrawn, hence dismissed.

In the result, appeals are dismissed. Order pronounced in the open court on 18th August, 2021. (S. RIFAUR RAHMAN) JUDICIAL MEMBER

म ुंबई Mumbai; दिन ुंक Dated: 18/08/2021

Alindra, PS आदेश प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- Assessment Years: 2008-09 & 2009-10 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file.

आदेशानुसार/ BY ORDER, सत्य दपि प्रदि //// उि/सहायक िंजीकार (Dy./Asstt.

ASST CIT CC 1 (3), MUMBAI vs. M/S POONAM BUILDERS, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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