What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as not maintainable due to the low tax effect, following CBDT circulars and a coordinate bench decision. The assessee's cross-objection was dismissed as withdrawn.

The Revenue filed an appeal against the CIT(A)'s order. The tax effect involved in the appeal was less than the monetary limit prescribed by CBDT circulars for filing appeals before the Tribunal. The assessee also filed a cross-objection.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT based on CBDT circulars regarding monetary limits for appeals.

ACIT vs Omkar Realtors and Developers… | ITAT Mumbai 2020

Income Tax Appellate Tribunal, “C”, BENCH MUMBAI

Before: SHRI RAJESH KUMAR, AM & SHRI AMARJIT SINGH, JM

For Respondent: Shri Kumar Padmapani Bora (DR)

Hearing: 20/01/2020Pronounced: 05/02/2020

O R D E R PER AMARJIT SINGH (J.M): The Revenue as well as assessee have filed the above mentioned appeal as well as cross-objection against the order dated 30.11.2018 passed by the Commissioner of Income Tax (Appeals)-60, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the A.Y.2018-19.

The Revenue has filed present appeal against the order dated 30.11.2018 passed by the Commissioner of Income Tax (Appeals)-60, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the A.Y.2018-19.

ITA No246/M/2019 CO No.281/M/2019 A.Y.2018-19 3. We have heard argument advanced by the Ld. Representative of the Department and has gone through the case carefully. During course of hearing, ld. DR for the revenue submitted that tax effect involved in this appeal filed by the revenue is less than Rs. 50 lacs and in view of latest CBDT circular No. 3/2018 dated 11-7-2018, and also modified circular No. 17/2019 dated 08/08/2019, appeal filed by the revenue is not maintainable and needs to be dismissed. The Ld. DR, further argued that, the issue involved in this appeal is appears to be covered by exception provided under clause (e) of subsequent circular and therefore, if required the revenue shall be allowed to file miscellaneous application to re-call the order. We, find that, the CBDT, recently had issued a circular no. 3/2018 dated 11-7-2018, superseding its earlier circular no. 21/2015 and enhanced monetary limit for filing appeal before various appellate authorities and accordingly, enhanced monetary limit to Rs.20,00,000/- for filing appeal before the Tribunal. Further, the board has issued one more circular vide Circular no.17/2019 dated 08/08/2019 and enhanced monetary limit for filing appeal before appellate Tribunal to Rs. 50,00,000/-. Further, in the said circular, the CBDT had instructed its officer‟s to file application for withdrawal of appeal already filed or not to pursue pending appeals. We, therefore, by taking into account the CBDT circular No. 3/2018 dated 11-7-2018 and Circular no.17/2019 dated 08/08/2019 and also considering the fact that tax effect involved in the present appeal is less than the amount of monetary limit fixed by the CBDT for not filing appeal, dismissed appeal filed by the revenue as not maintainable. We, further noted that the Co-ordinate bench of ITAT, Ahmedabad „A‟ Bench in vide order dated 14/08/2019 has passed detailed order considering new circular issued by the CBDT and held that except amendment to para 3 of the circular No.3/2018 dated 11/07/2018, all other portions of the circular No.03/2018 (supra) have remain in fact, therefore, this circular is applicable even for pending appeals and accordingly, rejected the arguments of the revenue that the effect of the circular shall come into force from the date of

ACIT (TDS) -2(1), MUMBAI vs. OMKAR REALTORS AND DEVELOPERS PVT. LTD., MUMBAI

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