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Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI S. RIFAUR RAHMAN & SHRI PAWAN KUMAR GADALE
The Revenue has filed the present appeal challenging the order dated 26th August 2019, passed by the learned Commissioner of Income Tax (Appeals)–36, Mumbai, pertaining to the assessment year 2006–07.
At the outset, the leaned Counsel appearing for the assessee submitted that the tax effect on the amount disputed by the Revenue is below the revised monetary limit of ` 50 lakh applicable to appeals
2 Shri Govind G. Agarwal before the Tribunal, as per CBDT Circular no.17 of 2019, dated 8th August 2019. Further, he submitted, none of the exceptions provided in CBDT Circular no.3 of 2018, dated 11th July 2018 r/w circular F. no.279/Misc./142/2007–ITJ–(Pt) dated 20th August 2018, would apply to Revenue’s appeal. Thus, the Counsel for the assessee submitted that the Revenue’s appeal being covered under the aforesaid Circulars is not maintainable.
The learned Departmental Representative agreed that the tax effect on the amount disputed by the Revenue is below the monetary limit of `.50 lakh.
Having considered rival submissions and perused the material on record, we are of the view that the tax effect on the amount disputed by the Revenue in the present appeal is below the revised monetary limit of ` 50 lakh as per CBDT Circular no.17/2019, dated 8th August 2019, r/w CBDT Circular no.3/2018, dated 11th July 2018. It also stands clarified by the CBDT that the revised monetary limit of ` 50 lakh as per the aforesaid CBDT Circulars would also apply to all pending appeals. In view of the aforesaid, Revenue’s appeal deserves to be dismissed.
3 Shri Govind G. Agarwal
In the result, Revenue’s appeal is dismissed. Order pronounced in the open court on 18.05.2021