INCOME TAX OFFICER-9(1)(4), MUMBAI vs. ASSA ABLOY INDIA PRIVATE LIMITED, MUMBAI

By way of this appeal, the Assessing Officer has challenged correctness of the order dated 22nd March, 2017 passed by the learned CIT(A)-16, Mumbai for the assessment year 2011-12.

Grievances raised by the Assessing Officer are as follows: Assessment year: 2011-12 Page 2 of 4 “Whether in the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition without appreciating the fact that the assessee failed to prove the genuineness of the purchases and freight expenses?.”

When this appeal was called out for hearing, learned counsel for the assessee submitted that the present appeal of the Revenue needs to be dismissed on account of low tax effect in view of the recent CBDT Circular No. 17 of 2019 dated 08.08.2019 whereby the monetary limits for filing the appeal by the Revenue before the Tribunal was enhanced from Rs.20 lakhs to Rs.50 lakhs. This instruction is applicable to the pending cases also. Therefore, the present appeal of the Revenue is liable to be dismissed as non-maintainable as held by this Tribunal in the case of ITO Vs. Dinesh Madhavlal Patel in for AY 1998-99 vide a consolidated order dated 14.08.2019.

The learned Departmental Representative fairly admitted that the tax effect involved in this appeal is less than the limit prescribed by the aforesaid CBDT Circular.

We have heard the rival contentions, perused the material on record and duly considered facts of the case in the light of applicable legal position. As learned counsel rightly contends, this appeal of the Revenue is no longer maintainable in view of the recent CBDT Circular No. 17 of 2019 dated 08.08.2019. The mandatory limit for cases in which Revenue can challenge the relief granted by the CIT(A) now stands enhanced to Rs.50 lakhs. This concession granted by the Central Board of Direct Taxes (CBDT) is retrospective in effect inasmuch as it applies to all pending appeals as well. In view of the above position, the appeal of the Revenue is no longer maintainable and must be dismissed as such. Assessment year: 2011-12 Page 3 of 4

It is, however, made clear that on re-verification at the end of the Assessing Officer it comes out that the tax effect of more than Rs.50 lakhs is being involved in the appeal or the appeal falls within the exemption clause of the Circular, then the Revenue will be at liberty to file Miscellaneous Application to recall the Tribunal order. The application should be filed within time limit prescribed in the Act.

In the result, appeal of the Revenue is dismissed due to low tax effect. Pronounced in the open court today on the 22nd October, 2019.