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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH, VP & SHRI S. RIFAUR RAHMAN, AM
O R D E R ए रयपऔय यहभान, लेखा सदस्य के द्वाया / PER S. RIFAUR RAHMAN, AM: This appeal of Revenue is arising out of the order of the Commissioner of Income Tax (Appeals)]-16, Mumbai [in short CIT(A)], dated 30.08.2019. The assessment was framed by the Dy. Commissioner of Income Tax, Circle-9(2)(2) Mumbai (in short DCIT/ITO/ AO) for the A.Y. 2013-14 vide order dated 15.03.2016
At the outset, the learned Counsel for the assessee stated that the tax effect in this appeal is ₹13,91,820/-, which 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. We noted that earlier Circular No. 3 of 2018 was made applicable to pending appeals also and this clause of the circular remains unchanged even after the amendment. Admittedly, in this case tax effect is below prescribed limit of ₹ 50 lacs for filing of appeal before the Tribunal.