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Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अधिकरण “एफ” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI माननीय श्री महावीर स िंह, उपाध्यक्ष एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा दस्य के मक्ष। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) आयकरअपील िं./ (धििाारण वर्ा / Assessment Year: 2015-16) DCIT-Circle 2 M/s Vishat Diagnostics Pvt. Limited Room No.27, 6th Floor 23-24, Gaurav Garden बिाम/ B-wing, Opp.Sai Petrol Pump Vs. Wagle Industrial Estate Mira Bhayander Road, Mira Road (E) Thane (W) – 400 604 Thane- 401 107 स्थायीलेखा िं./ जीआइआर िं./ PAN/GIR No.AABCV-8043-J (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : Shri Subodh Ratnaparkhi – Ld. AR Revenue by : Ms. Usha Gaikwad – Ld. Sr. DR ुनवाई की तारीख/ : 13/05/2021 Date of Hearing घोषणा की तारीख / : 13/05/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
In the aforesaid appeal, the revenue is contesting the deletion of addition made by Ld. AO on account of commission on sales for Rs.121.24 Lacs.
The Ld. AR, at the outset, submitted the appeal is not maintainable on account of low tax effect circular issued by CBDT vide Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.). The working of the tax effect has been placed on record to demonstrate that the tax effect is below Rs.50 Lacs. The Ld. DR could not point out any exception as given in the said circular. 3. We find that the appeal is not maintainable in terms of low tax effect circular issued by CBDT vide Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.). This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. In view of the same, the appeal is not maintainable. 4. In view of the foregoing, the appeal stand dismissed. However, a liberty is given to revenue to seek recall of the appeal, if at a later stage, it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect in the appeal exceeds the prescribed monetary limit. 5. Resultantly, the appeal stands dismissed.