ITO WD 29(2)(3), MUMBAI vs. MAHAVIR REALTY, MUMBAI

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ITA 2644/MUM/2017Status: DisposedITAT Mumbai06 November 2019AY 2012-133 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 agreed with the assessee and the DR's concession that the appeal was not maintainable due to the low tax effect. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2012-13. The assessee argued that the tax effect was below Rs. 50 lacs, making the appeal not maintainable as per a new CBDT circular.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the ITAT given the revised monetary limits for filing appeals as per CBDT Circular No. 17 of 2019.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D”

Before: SHRI S. RIFAUR RAHMAN, AM & SHRI RAVISH SOOD, JM

Mahavir Realty, ITO WD– 29(2)(3), Shop No. 8, Mehul Bldg No. C-10, R. No. बिधम/ Cinema, Shopping 204 ITO Pratyakshkar Complex, Nahur, Rd. Vs. Bhavan, BKC Bandra (E), Mulund (W), Mumbai-400 051 Mumbai- 400 080 स्थायीलेखासं./जीआइआरसं./PAN No. AATFM9707E (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Jothilakshmi Nayak, DR by प्रत्यथीकीओरसे/Respondentby : Shri Poojan Mehta सुनवाईकीतारीख/ : 16.10.2019 Date of Hearing घोषणाकीतारीख / : 06.11.2019 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) - 40 in short referred as ‘Ld. CIT(A)’, Mumbai, dated 23.01.17 for Assessment Year (in short AY) 2012-13. Mahavir Realty

2.

At the outset, Ld. AR appeared on behalf of the assessee submitted 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. In the light of the aforesaid facts, he submitted that this appeal is not maintainable and liable to be dismissed.

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 appeals. We find that the tax effect in the above referred appeal is less than Rs. 50 lacs. Accordingly, we dismiss the aforesaid appeal filed by the Revenue as not maintainable/withdrawn.

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