ACIT (OSD) 8(1), MUMBAI vs. SEAGREEN MARKETING P.LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeal as the tax effect of the disputed addition was below the monetary limit prescribed by CBDT Circular No. 17/2019. The Revenue was granted liberty to seek recall if exceptions applied.
What were the facts?
The Revenue filed an appeal against the order of the CIT(A) for AY 2009-10. The disputed addition was Rs. 1,01,68,637. No one appeared for the assessee.
What were the issues?
Whether the Revenue's appeal is maintainable given the tax effect is below the monetary limit specified by CBDT circulars.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “H” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI MANOJ KUMAR AGGARWAL
Date of Hearing – 02.12.2020 Date of Order – 02.12.2020
O R D E R PER SAKTIJIT DEY. J.M.
Captioned appeal has been filed by the Revenue challenging the order dated 26th June 2012, passed by the learned Commissioner of Income Tax (Appeals)–18, Mumbai, pertaining to the assessment year 2009–10.
When the appeal was called for hearing, no one was present on behalf of the respondent assessee to represent the case. There is no application seeking adjournment either. Considering the nature of 2 Seagreen Marketing Pvt. Ltd. dispute, we proceed to dispose off the appeals ex–parte qua the assessee after hearing the learned Departmental Representative and on the basis of material available on record.
Heard the learned Departmental Representative and perused the materials available on record. As could be seen from the facts on record, the disputed addition on which the Revenue has preferred the present appeal is ` 1,01,68,637. As mentioned by the learned Commissioner (Appeals) in his order, the tax effect on the amount disputed by the Revenue works out to ` 46,04,799, which is below the monetary limit of ` 50 lakh, as per CBDT Circular no.17/2019, dated 8th August 2019. It also stands clarified by the CBDT that the revised monetary limit of ` 50 lakh as per the aforesaid CBDT Circular would also apply to all pending appeals. In view of the aforesaid, Revenue’s appeal deserves to be dismissed. However, the Revenue is given liberty to seek recall of this order if, at a later point of time, it is found that the appeal falls under any of the exceptions provided in the Circulars referred to above.
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