INCOME TAX OFFICER 9(3)(2), MUMBA vs. M/S. FILTERTECHNICKS PVT. LTD, MUMBAI

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ITA 5476/MUM/2019Status: DisposedITAT Mumbai10 May 2021AY 2009-103 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the tax effect in these appeals was below the monetary limit prescribed by CBDT Circular No. 17/2019 for filing appeals before the ITAT. The Revenue's appeals were dismissed as withdrawn.

What were the facts?

The assessee's appeals arose from orders of the CIT(A) for AYs 2009-10 and 2010-11. The assessments were framed under section 143(3) and penalties were levied under section 271(1)(c).

What were the issues?

The primary issue was whether the appeals filed by the Revenue were maintainable before the ITAT given the low tax effect, as per the prevailing CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Hearing: 10.05.2021Pronounced: 10.05.2021

Heard together (2 matters)

ITA No. 5476/Mum/2019
ITA No. 5477/Mum/2019

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP: These appeals of assessee are arising out of the orders of the Commissioner of Income Tax (Appeals)]-16, Mumbai, [in short CIT(A)],

2.

At the outset, the learned Counsel for the assessee stated that the tax effects in these appeals are ₹1,21,272/- & ₹ 98,766/- for AYs 2009- 10 & 2010-11 respectively, 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. Admittedly, in this case tax effect is below prescribed limit of ₹ 50 lacs for filing of appeal before the Tribunal.

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