DCIT 10 (2)(1), MUMBAI vs. JP MORGAN SERVICES (I) PVT. LTD., MUMBAI

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ITA 2935/MUM/2019Status: DisposedITAT Mumbai02 August 2021AY 2014-153 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 noted that the tax effect was Rs. 36.96 lacs, which is below the monetary limit of Rs. 50 lacs for appeals as per Circular No. 17/2019. Therefore, the appeal was not maintainable.

What were the facts?

The revenue filed an appeal before the ITAT. The assessee contended that the tax effect on the disputed amount was below the monetary limit for appeals. The Departmental Representative conceded to this fact.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the Tribunal due to the tax effect being below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

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

Before: SHRI PRAMOD KUMAR, HON’BLE & SHRI SAKTIJIT DEY, HON’BLE

For Appellant: Shri Divesh Chawla (AR)
For Respondent: Shri Sushil Kumar Mishra (DR), Shri Divesh Chawla (AR)
Hearing: 02/08/2021Pronounced: 02/08/2021

O R D E R PER SAKTIJIT DEY, JM Captioned appeal by the revenue arises out of order dated 28.02.2019 of learned Commissioner of Income Tax (Appeals)-55, Mumbai for the assessment year 2014-15.

2.

At the outset, drawing our attention to Column No. 10 of the Memorandum of appeal filed by the Department in Form No. 36, the learned counsel for the assessee submitted that the tax effect on the amount disputed by the revenue is below the monetary limit of Rs. 50 lacs. Thus, he submitted, the appeal is not maintainable. Assessment Year: 2014-15 3. Learned Departmental Representative fairly conceded to the aforesaid factual position.

4.

Having considered rival submissions, we find from record that as per the revenues own admission, the tax effect on the amount disputed in the present appeal is Rs. 36.96 lacs. As per circular No. 17/2019 dated 08.08.2019 the monetary limit for filing appeal before the Tribunal by the Department is fixed at Rs. 50 lacs and above. No material has been brought to our notice, to suggest that the present appeal is protected by any of exceptions to the aforesaid circular.

5.

In view of the above, we treat the appeal as not maintainable. Hence, deemed to have been withdrawn.

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