DCIT-1(1)(2), MUMBAI vs. M/S GODREJ PROJECTS DEVELOPMENTS PVT, LTD., MUMBAI

PDF · subscribers
ITA 4580/MUM/2019Status: DisposedITAT Mumbai16 April 2021AY 2013-142 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 of the disputed amount was below the monetary limit prescribed by CBDT circular No. 17/2019. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2013-14. The assessee did not appear for the hearing. The Departmental Representative submitted that the tax effect of the disputed amount was below the monetary limit specified by CBDT circular.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect as per CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR & SHRI SAKTIJIT DEY

For Appellant: Shri Manpreet S Duggal (DR)

Date of hearing 31-03-2021 Date of pronouncement 16-04-2021 O R D E R

Per Saktijit Dey, JM:

1.

This is an appeal by the revenue against order dated 30-04-2019 of learned Commissioner of Income-tax (Appeals)-2, Mumbai for the assessment year 2013- 14.

2.

None appeared on behalf of the assessee when the appeal was called for hearing. However, we find that the matter could be decided on the basis of 2 ITA 4580/Mum/2019 material available on record and on hearing the learned Departmental Representative. Accordingly, the matter was heard ex parte qua the assessee.

3.

On a query from the bench, learned Departmental Representative fairly submitted that the tax effect on the amount disputed by the revenue in the present appeal is below the monetary limit of Rs.50 lakhs. On perusal of column 10 of the Memorandum of Appeal in Form 36, it is observed that the tax effect on the amount disputed by the revenue has been mentioned as Rs.44.61 lakhs. That being the case, as per circular No.17/2019 dated 08th August, 2019, issued by the Central Board of Direct Taxes (CBDT), the present appeal of revenue is not maintainable. Accordingly, we dismiss the appeal.

Recent GST High Court judgments

Search GST case law →