DCIT CENT.CIR.-2(1), MUMBAI vs. KRISHNA SHARMA, MUMBAI

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ITA 4420/MUM/2018Status: DisposedITAT Mumbai13 November 2019AY 2007-083 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 the appeals was below the enhanced monetary limit of Rs. 50,00,000/- for filing appeals before the ITAT. The Revenue was granted liberty to seek recall if exceptions applied.

What were the facts?

The Revenue filed appeals before the ITAT against an order of the CIT(A). The appeals involved a tax effect below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the appeals filed by the Revenue are maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H” MUMBAI

Before: SHRI RAVISH SOOD & SHRI N.K. PRADHAN

For Appellant: Shri Anant N. Pai, A.R
For Respondent: Shri K. Bhoopati, D.R, Shri Anant N. Pai, A.R
Hearing: 13/11/2019Pronounced: 13/11/2019

ORDER

PER RAVISH SOOD, JM

1.

The present appeals filed by the revenue are directed against the consolidated order passed by the Commissioner of Income Tax (Appeals)-48, Mumbai [for short „CIT(A)‟], dated 26.04.2018, which in turns arises from the assessment order passed by the A.O under section 143(3) r.w.s 153A/143(3) of the Income Tax Act 1961, (for short „Act‟), dated 31.03.2010.

2.

Central Board of Direct Taxes (CBDT) vide Circular No. 17/2019 dated 08.08.2019 has amended Circular No. 3/2018 dated 11.07.2018 for further enhancement of monetary limit for filing of appeals by the Department before the ITAT, High Courts and SLPs/Appeals before Supreme Court as measures for reducing litigation.

3.

CBDT vide Circular No. 3/2018 dated 11.07.2018 has specified that appeals shall not be filed before the Income Tax Appellate Tribunal (ITAT) in cases where the „tax effect‟ does not exceed the monetary limit of Rs.20,00,000/-. For this purpose, „tax effect‟ means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of issues against which appeal is intended to be filed.

P a g e | 2 to 4422/Mum/2018 A.Ys. 2007-08 to 2009-10 DCIT,CC-2(1) Vs. Smt. Krishna Sharma Further, „tax effect‟ shall be taxes including applicable surcharge and cess. However, the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue under dispute, the amount of interest shall be the „tax effect‟. In cases where returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed additions. In case of penalty order, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against.

At para 13 of the above Circular, it has been mentioned that:

“13. This Circular will apply to SLPs/appeals/cross objection/references to be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.”

4.

As a step towards further management of litigation, CBDT vide Circular No. 17/2019 has fixed the monetary limit for filing of appeals before ITAT at Rs.50,00,000/-.

5.

In the instant appeal filed by the Department, the tax effect involved is below the monetary limit of Rs.50,00,000/-. The same was brought to the notice of the Ld. Departmental Representative (DR). Ld. A.R has filed before us a „Chart‟, which reveals that the „tax effect‟ involved in all the captioned appeals is much below the monetary limit of Rs. 50 lac..

6.

Before us, the Ld. DR submits that liberty may kindly be given to raise, after necessary further verification, and to seek recall of the dismissal of appeal and its restoration, in case it can be shown that the appeal is covered by the exceptions.

7.

We agree with the above contentions of the Ld. D.R and make it clear that the appellant shall be at liberty to point out the exceptions and we will take appropriate remedial measures in this regard.

8.

With the above observations the appeals involving tax effect of less than Rs.50,00,000/- are dismissed. Order pronounced in the open Court on 13/11/2019.

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