ITO 12(2)(2), MUMBAI vs. HIGHTECH REALITIES PVT. LTD., MUMBAI

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ITA 2892/MUM/2017Status: DisposedITAT Mumbai21 November 2019AY 2013-142 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect in this case was below the limit fixed by the CBDT for filing appeals before the ITAT. Therefore, the appeal was dismissed in limine.

What were the facts?

The Revenue appealed against the CIT(A)'s order which reduced an addition made by the Assessing Officer. The ITAT had previously dismissed the Revenue's appeal ex-parte, but later recalled that order.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT considering the tax effect below the prescribed limit.

Which sections of the Income-tax Act were involved?

Section 23(1)(a),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

Before: Shri Shamim Yahya (AM)

For Appellant: Shri Bhupendra Shah
For Respondent: Shri Chaitanya Anjaria
Hearing: 26.08.2019Pronounced: 21.11.2019

This is an appeal by the Revenue directed against the order of learned CIT(A) 2.1.2017 and pertains to A.Y. 2013-14. Grounds of appeal read as under :-

1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in reducing the addition from Rs. 63,95,231/- to Rs. 25,20,000/- on account of ALV u/s 23(l)(a) of the assessment order u/s 143(3) of the IT Act.

2. The appellant prays that the order of the CIT (A) on the ground be set aside and that of the Assessing Officer be restored.

2.

It is noted that the above appeal was disposed of by this ITAT vide order dated 9.10.2017 by ex-parte order, wherein the Revenue’s appeal was dismissed. Subsequently, this Tribunal in Miscellaneous Application No. 11/Mum/2018 vide order dated 3.7.2019 had recalled that ex-parte order. Pursuant to this recall this appeal has been heard by the ITAT.

3.

At the outset I note that tax effect in this case is below the taxable limit fixed by the CBDT for filing appeal before the ITAT. In view of the above

2 M/s. Hightech Realities P. Ltd. undisputed fact that tax effect in this case is below the limit fixed by the CBDT vide Circular No. 17/2019 dated 8.8.2019 for filing appeal before the ITAT. Accordingly, the appeal is dismissed in limine on account of tax effect.

Order has been pronounced in the Court on 21.11.2019.

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