What did the Tribunal hold?

The Tribunal noted that the tax effect was indeed below the prescribed limit of ₹50 lacs. As there were no exceptions applicable, the appeal was dismissed as withdrawn.

The Revenue filed an appeal before the ITAT. The assessee pointed out that the tax effect in the appeal was below the monetary limit prescribed by CBDT Circular No. 17/2019 for filing appeals before the Tribunal.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT circulars.

ACIT vs M/S. Reliance Jio Infocomm. Ltd. | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “I” BENCH, MUMBAI

For Appellant: Shri S.S. Iyengar, DR

Hearing: 25.05.2021Pronounced: 09.06.2021

भहावीय स िंह, उऩाध्मक्ष / PER MAHAVIR SINGH, VP:

This appeal of Revenue is arising out of the order of the Commissioner of Income Tax (Appeals)]-57, Mumbai, [in short CIT(A)], in ITA No. CIT(A)-57/Arr.31/2019-20 for AY 2018-19 dated 30.05.2019. 2. At the outset, the learned Counsel for the assessee stated that the tax effects in these appeals are ₹1,98,643/-, which is Reliance Jio Infocomm.ltd; AY: 2018-19 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. Admittedly, in this case tax effect is below prescribed limit of ₹ 50 lacs for filing of appeal before the Tribunal.

When this was confronted to the learned Departmental Representative, he could not point out that this appeal falls under any of the exception as provided in Circular No. 3 of 2018, which are applicable to the present circular no. 17/2019. Admittedly, the tax effect in this appeal of Revenue is much below the prescribed limit of filing appeal before the Tribunal i.e. ₹ 50 lacs as per CBDT circular No. 17 of 2019. In view of the above, this appeal of Revenue is dismissed as withdrawn in view of Circular No. 17 of 2019. This appeal of Revenue’s appeal is dismissed as withdrawn.

In the Result, the appeal of the Revenue is dismissed as withdrawn. (भनोज कुभाय अग्रवार / MANOJ KUMAR AGGARWAL) (भहावीय स िंह /MAHAVIR SINGH) (रेखा दस्म / ACCOUNTANT MEMBER) (उऩाध्मक्ष / VICE PRESIDENT) भुिंफई, ददनािंक/ Mumbai, Dated: 09.06.2021 ुदीऩ यकाय, व. ननजी चिव/ Sudip Sarkar, Sr.PS Reliance Jio Infocomm.ltd; AY: 2018-19 आदेश की प्रतिलऱपप अग्रेपषि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A) 4. आमकय आमुक्त / CIT 5. ववबागीम प्रनतननचध, आमकय अऩीरीम अचधकयण, भुिंफई / DR, ITAT, Mumbai 6. गार्ा पाईर / Guard file. आदेशान सार/ BY ORDER, त्मावऩत प्रनत //// (तनजी सधिव/ Sr.PS) आयकर अपीऱीय अधिकरण, भुिंफई / ITAT, Mumbai

ACIT(IT) 4(1)(1), MUMBAI vs. M/S. RELIANCE JIO INFOCOMM. LTD., MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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