ACIT 2(3), MUMBAI vs. ZENSTAR TECHNOLOGIES LTD, MUMBAI

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ITA 1509/MUM/2014Status: DisposedITAT Mumbai22 June 2021AY 2009-103 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 below the prescribed monetary limit for filing appeals. The Tribunal granted liberty to the appellant to point out exceptions, but ultimately dismissed the appeal based on the monetary limit.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee pointed out that the tax effect involved in the appeal was below the monetary limit prescribed by CBDT Circulars for filing appeals. The Departmental Representative sought liberty to verify and potentially recall the dismissal.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

None explicitly discussed as the appeal was dismissed on procedural grounds related to CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “K” MUMBAI

Before: SHRI S.RIFAUR RAHMAN & SHRI RAVISH SOOD

For Appellant: Shri Nitesh Joshi, A.R
For Respondent: Shri Manpreet S. Duggal, D.R, Shri Nitesh Joshi, A.R
Hearing: 22/06/2021Pronounced: 22/06/2021

ORDER PER RAVISH SOOD(JM): The present appeal filed by the revenue is directed against the order passed by the Dispute Assessing Officer under Sec.143(3) r.w.s 144C(1) of the Act, dated 10.01.2014.

2.

Central Board of Direct Taxes (CBDT) vide Circular No. 17/2019 dated 08.08.2019 has amended Circular No. 3/2018 dated 11.07.2018 for further enhancement of monetary limit for filing of appeals by the Department before the ITAT, High Courts and SLPs/Appeals before Supreme Court as measures for reducing litigation.

3.

CBDT vide Circular No. 3/2018 dated 11.07.2018 has specified that appeals shall not be filed before the Income Tax Appellate Tribunal (ITAT) in cases where the tax effect does not exceed the monetary limit of Rs.20,00,000/-. For this purpose, „tax effect‟ means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of issues against which appeal is intended to be filed. Further, „tax effect‟ shall be taxes including applicable surcharge and cess. However, the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue under dispute, the amount of interest shall be the tax effect. In 2 ACIT-2(3) Vs. M/s Zensar Technologies Ltd.

cases where returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed additions. In case of penalty order, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against.

At para 13 of the above Circular, it has been mentioned that:

“13. This Circular will apply to SLPs/appeals/cross objection/references to be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.”

4.

As a step towards further management of litigation, CBDT vide Circular No. 17/2019 has fixed the monetary limit for filing of appeals before ITAT at Rs.50,00,000/-.

5.

In the instant appeal filed by the Department, the tax effect involved is below the monetary limit of Rs.50,00,000/-. The said fact as was brought to our notice by the Ld. Counsel for the assessee was confronted to the Ld. Departmental Representative (DR).

6.

Before us, the Ld. DR submits that liberty may kindly be given to raise, after necessary further verification, and to seek recall the dismissal of appeal and restoration of the appeal in case it can be shown that the appeal is covered by the exceptions.

7.

We agree with the above contentions of the Ld. DR and make it clear that the appellant shall be at liberty to point out the exceptions and we will take appropriate remedial measures in this regard.

8.

With the above observations, the appeal involving tax effect of less than Rs.50,00,000/- is dismissed.

Order pronounced in the open Court on 22/06/2021.

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