DY CIT 13 (2)(2), MUMBAI vs. M/S SHREE GIRIRAJ METALEX PVT LTD, MUMBAI

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ITA 7233/MUM/2019Status: DisposedITAT Mumbai21 April 2021AY 2009-103 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the tax effect was below the prescribed limit and the Revenue could not point out any exceptions. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was ₹2,37,486, which was below the monetary limit prescribed by CBDT Circular No. 17/2019 for filing appeals before the ITAT.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect, considering the CBDT circulars on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

For Appellant: Shri Gurvinder Singh, DR
Hearing: 21.04.2021Pronounced: 21.04.2021

आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP: This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-21, Mumbai, [in short CIT(A)], in appeal No. CIT(A)-21/DCIT-13(2)(2)/IT-465/2016-17/2018-19 dated 30.08.2019. The assessment was framed by the Dy. Commissioner of

2.

At the outset, the learned Counsel for the assessee stated that the tax effect in this appeal is ₹2,37,486/-, 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.

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