DEPUTY COMMISSIONER OF INCOME TAX (IT)-4(3)(2), MUMBAI vs. M/S WELLTEC AS, MUMBAI

This appeal by the Revenue is directed against the order of Commissioner of Income Tax Appeals-58, Mumbai [in short ‘CIT(A)’] dated 15/02/2019 for the assessment year 2015-16.

Shri S.S.Iyengar , representing the Department fairly admitted at the outset that appeal filed by the Revenue suffers from low tax effect in the light of CBDT Circular No. Circular No.17/2019 dated 08/08/2019. The ld. Departmental Representative pointed that tax effect involved in the appeal is less thanRs.50,00,000/-.

Heard. The only issue assailed in appeal is addition of Rs.58,19,371/- deleted by CIT(A). Undisputedly, the tax effect involved in the appeal is less than Rs.50,00,000/- i.e. the monetary limit specified by the CBDT vide Circular No.17/2019 (supra) for filing of appeals by the Revenue before the Tribunal. Thus, without going into merits of the issue raised in the appeal, the present appeal by the Revenue is dismissed on account of low tax effect.

Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for restoration of appeal, with the requisite material to show that the appeal is protected by the exceptions prescribed in Para 10 of the Circular dated 11-07-2018 and its amendment dated 20/08/2018.

In the result, appeal by Revenue is dismissed.