What did the Tribunal hold?

The Tribunal held that the appeal deserved to be dismissed as the tax effect was below the prescribed monetary limit. The Revenue was granted liberty to seek recall if exceptions applied.

The Revenue filed an appeal before the ITAT challenging an order of the CIT(A). The tax effect on the disputed amount was below the revised monetary limit set by CBDT circulars.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed due to the tax effect being below the revised monetary limit prescribed by CBDT circulars.

DCIT vs S.V.C. Resources Ltd | ITAT Mumbai 2019

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR, & SHRI SAKTIJIT DEY

For Respondent: Shri V. Vinod Kumar

The aforesaid appeal has been filed by the Revenue challenging the order dated 30th June 2017, passed by the learned Commissioner (Appeals)–18, Mumbai, for the assessment year 2011–12.

When the appeal was called for hearing, none appeared on behalf of the respondent assessee. Therefore, we proceed to dispose off the 2 S.V.C. Resources Ltd.

present appeal after hearing the learned Departmental Representative and on the basis of material available on record.

The learned Departmental Representative fairly submitted before us that the tax effect on the disputed amount is below the revised monetary limit of ` 50 lakh, applicable to appeals pending before the Tribunal, as per CBDT Circular no.17 of 2019, dated 8th August 2019. Further, he also submitted that the exceptions provided in CBDT Circular no.3 of 2018, dated 11th July 2018 r/w circular F. no.279/ Misc./142/2007–ITJ–(Pt) dated 20th August 2018, would not apply to the present appeal.

Having considered the submissions of the learned Departmental Representative and after perusal of the material on record, we are of the view that the tax effect on the amount disputed by the Revenue in the present appeal is below the revised monetary limit of ` 50 lakh as per CBDT Circular no.17/2019, dated 8th August 2019, r/w CBDT Circular no.3/2018, dated 11th July 2018. It also stands clarified by the CBDT that the revised monetary limit of ` 50 lakh as per the aforesaid CBDT Circulars would also apply to all pending appeals. In view of the aforesaid, Revenue’s appeal deserves to be dismissed. However, the Revenue is given liberty to seek recall of this order if, at a later point

3 S.V.C. Resources Ltd. of time, it is found that the appeal falls under any of the exceptions provided in the Circulars referred to above.

In the result, Revenue’s appeal is dismissed. Order pronounced in the open Court on 13.11.2019

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(2)(2), MUMBAI vs. S.V.C. RESOURCES LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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