DCIT 9(2)(2), MUMBAI vs. CYBERTECH SYSTEMS AND SOFTWARE 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 due to low tax effect, as it was below the monetary limit prescribed by CBDT Circular No. 17/2019. The assessee's cross-objection was also dismissed as withdrawn.
What were the facts?
The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee also filed a cross-objection. The assessee requested to withdraw their cross-objection.
What were the issues?
Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per CBDT circulars.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “K ”, MUMBAI
Before: SHRI VIKAS AWASTHY & SHRI N.K.PRADHAN
ORDER
PER VIKAS AWASTHY, JM:
This appeal by the Revenue and cross objection by the assessee are directed against the order of Commissioner of Income Tax (Appeals)-55,
(A.Y. 2010-11) C.O. No.157/Mum/2015 Mumbai [ in short “the CIT(A)] dated 30/03/2015 for the assessment year 2010-11.
Shri Vispi T. Patel appearing on behalf of the assessee submitted at the outset that appeal of the Revenue is liable to be dismissed on account of low tax effect in the light of CBDT Circular No. 17/2019, dated 08-08-2019. The ld. Authorized Representative for the assessee filed computation of tax according to which the tax effect involved in the appeal of the Revenue is Rs.26,72,266/-.
The ld. Authorized Representative for the assessee also filed a letter dated 08/01/2020 from the assessee to withdraw the cross objection.
Shri Ashish Heliwal representing the Department fairly admitted that the tax effect involved in the appeal by Department is less than Rs.50.00 lacs.
Both sides heard. Material available on record examined. The tax effect involved in this appeals is less than the monetary limit prescribed by the recent CBDT Circular No. 17/2019, dated 08-08-2019 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.
(A.Y. 2010-11) C.O. No.157/Mum/2015
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.
In view of the above, the appeal by the Revenue and cross objection by the assessee are dismissed.
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