What did the Tribunal hold?

The tribunal held that the appeals filed by the revenue were not maintainable due to the low tax effect, as per the latest CBDT circular. Liberty was granted to the revenue to seek recall if exceptions apply or the tax effect exceeds the limit.

The revenue filed appeals for assessment years 2011-12 and 2012-13 contesting the reduction of estimated income by the first appellate authority. The tax effect in both appeals was below the threshold limit set by CBDT circulars.

What were the issues?

The primary issue was the maintainability of the revenue's appeals based on the tax effect threshold stipulated by CBDT circulars.

DCIT vs Shri Vijay B. Purohit | ITAT Mumbai 2020

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Respondent: Shri Ajay Kumar-Ld.CIT AR

Heard together (2 matters)

I.T.A. No.3837/Mum/2018

I.T.A. No.3838/Mum/2018

Read from the judgment's own cause title. This page is filed under one of them.

1 & 3838/Mum/2018 Assessment Years: 2011-12 & 2012-13 आयकर अपीलीय अिधकरण “एफ” �ायपीठ मुंबई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI माननीय �ी श��जीत दे, �ाियक सद� एवं माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� के सम�। BEFORE HON’BLE SHRI SAKTIJIT DEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) आयकर अपील सं./ (िनधा�रण वष� / Assessment Year: 2011-12) & आयकर अपील सं./ I.T.A. No.3838/Mum/2018 (िनधा�रण वष� / Assessment Year: 2012-13) DCIT-CC-2(4) Shri Vijay B. Purohit Room No.802, 8th Floor बनाम/ 20, 2nd Floor, 6/8, Vithalwadi Old CGO Annex. Building Vithoba Lane Vs. M.K. Road, Mumbai 400 020. Mumbai-400 002. PAN/GIR No.ALQPP-0937-N (अपीलाथ�/Appellant) (��थ� / Respondent) : Assessee by : Assessee-in-person Revenue by : Shri Ajay Kumar-Ld.CIT AR सुनवाई की तारीख/ : 26/11/2020 Date of Hearing घोषणा की तारीख / : 26/11/2020 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

The revenue is in appeal for Assessment Years 2011-12 & 2012-13 contesting the action of Ld. first appellate authority in reducing the estimation of income.

At the outset, it is seen that that the tax effect in both the appeals is less than threshold limit of Rs.50 Lacs and therefore, the appeals filed by 2 & 3838/Mum/2018 Assessment Years: 2011-12 & 2012-13 revenue are not maintainable in terms of latest low tax effect Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.) issued by CBDT. This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018.

The learned CIT-DR could not controvert the aforesaid fact. No exceptions have been pointed out. Therefore, both the appeals are liable to be dismissed in terms of aforesaid circular issued by CBDT. We order so.

At the same time, a liberty is given to revenue to seek recall of any the appeals, if at a later stage, it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect as agitated by revenue in any of the appeal, exceeds the prescribed monetary limit.

In the result, both the appeals stand dismissed. Order pronounced on 26th November, 2020.

Sd/- Sd/- (Saktijit Dey) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांकDated : 26/11/2020 Sr.PS:-Jaisy Varghese आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6.

DCIT CC-2(4), MUMBAI vs. SHRI VIJAY B. PUROHIT, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments