DCIT CEN CIR 4(3) CEN RG 4 PR. CIT (C) - 2, MUMBAI vs. AATUR HOLDINGS P. LTD, MUMBAI

PDF · subscribers
ITA 6762/MUM/2018Status: DisposedITAT Mumbai07 November 2019AY 2013-143 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 ITAT held that the appeal was not maintainable in light of the CBDT's Circular No. 17 of 2019, which revised the monetary limit for filing appeals before the ITAT to Rs. 50 lacs. The Departmental Representative conceded that the appeal was not maintainable.

What were the facts?

The revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect of the relief granted by the CIT(A) was below Rs. 50 lacs.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the ITAT due to the low tax effect, in light of the revised monetary limits set by the CBDT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A”

Before: SHRI MAHAVIR PRASAD, JM & SHRI S. RIFAUR RAHMAN, AM

Aatur Holdings Pvt. Ltd. DCIT CC 4(3), Cen 32 Madhuli, Dr. A. B. Range-4, PCIT (C) – 2, Road, Worli, बिधम/ Room No. 1921, 19th Mumbai – 400 018 floor, AIR India Bldg, Vs. Nariman Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./PAN No. AABCA1472C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri P. Daniel, DR by प्रत्यथीकीओरसे/Respondentby : Shri Dhaval Shah, AR सुनवाईकीतारीख/ : 05.11.2019 Date of Hearing घोषणाकीतारीख / : 07.11.2019 Date of Pronouncement आदेश / O R D E R

Per S. Rifaur Rahman, Accountant Member:

1.

The present Appeal has been filed by the revenue against the order of Ld. Commissioner of Income Tax (Appeals) - 52 in Aatur Holdings Pvt. Ltd short referred as ‘Ld. CIT(A)’, Mumbai, dated 17.09.18 for Assessment Year (in short AY) 2013-14.

2.

At the outset, we notice that the tax effect of the relief granted by the Ld. Commissioner of Income Tax (Appeals) is below Rs. 50 lacs and as per Circular No.17 of 2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India, the CBDT has revised the monetary limit for filing appeals before the ITAT from the existing limit of Rs. 20 lacs to Rs. 50 lacs.

3.

The Ld. Departmental Representative (DR) fairly conceded that this appeal is not maintainable in light of the aforesaid circular issued by the CBDT. The Ld. DR also did not point out that this appeal falls in any of the exceptions carved out in the above said circular.

4.

We have gone through the order of the Ld. Commissioner of Income Tax (Appeals) and the grounds of appeal

s. We find that the tax effect in the above referred appeal is less than Rs.

50. Aatur Holdings Pvt. Ltd lacs. Accordingly, we dismiss the aforesaid appeal filed by the Revenue as not maintainable/withdrawn.

Recent GST High Court judgments

Search GST case law →