What did the Tribunal hold?

The Tribunal held that the appeal suffers from low tax effect as per CBDT Circular No. 17/2019. Therefore, the appeal is dismissed without going into the merits of the issue.

The Revenue filed an appeal before the ITAT. The tax effect involved in the appeal was Rs. 14,56,775/-. This amount was below the monetary limit prescribed by the CBDT for filing appeals by the Department.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed on the grounds of low tax effect as per CBDT circulars.

ITO vs Mafaram J. Choudhary | ITAT Mumbai 2020

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI VIKAS AWASTHY

For Appellant: Shri Sushil Mishra, DR

Hearing: 29.12.2020Pronounced: 29.12.2020

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-30, Mumbai [in short ‘the CIT(A)’] dated 28.09.2018 for the Assessment year 2012-13. 2. Shri Sushil Kumar, representing the Department fairly admitted that the tax effect involved in the present appeal is Rs.14,56,775/-. Hence, the appeal suffers from low tax effect in the light of CBDT Circular No. 17/2019, dated 08-08-2019. ITA No. 6995/M/ 2018 Mafaram J Choudhary; AY 12-13

Undisputedly, the tax effect in the present appeal is less than the monetary limit prescribed by the Board for filing of appeals before the Tribunal by the Department. The CBDT vide circular dated 08-08-2019 (supra) has amended Para 3 of Circular No. 3 of 2018 dated 11-07- 2018 thereby enhancing monetary limit of tax effect from Rs.20 Lakhs to Rs.50 Lakhs for filing of appeals by the Department 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. 5. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on Tuesday, the 29th of December, 2020. (विकास अिस्थी/VIKAS AWASTHY) (न्याययक सदस्य / JUDICIAL MEMBER) मुंबई, ददिांक/ Mumbai, Dated: 29.12.2020 सुदीप सरकार, ि. यिजी सचिि/ Sudip Sarkar, Sr.PS ITA No. 6995/M/ 2018 Mafaram J Choudhary; AY 12-13 आदेश की प्रतिललपप अग्रेपिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent. 3. आयकर आयुक्त(अपील) / The CIT(A) 4. आयकर आयुक्त / CIT 5. विभागीय प्रयतयिचर्, आयकर अपीलीय अचर्करण, मुंबई / DR, ITAT, Mumbai 6. गार्ा फाईल / Guard file. आदेशान सार/ BY ORDER, सत्यावपत प्रयत //// उप/सहायक पुंजीकार (Asstt.

ITO 19 (2)(3), MUMBAI vs. MAFARAM J. CHOUDHARY, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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