INCOME TAX OFFICER 15(1)(2), MUMBAI vs. M/S,ECSTACY CONSTRUCTION PRIVATE LIMITED, MUMBAI

ITA 7046/MUM/2017Status: DisposedITAT Mumbai17 October 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 Tribunal agreed with the Revenue's contention that the appeal's tax effect was below the prescribed monetary limit. The Revenue was granted liberty to seek recall if exceptions were found. The appeal was dismissed based on the monetary limit.

What were the facts?

The Revenue filed an appeal before the ITAT. The CBDT had issued circulars enhancing the monetary limits for filing appeals, with the latest circular setting the limit for ITAT appeals at Rs. 50,00,000/-. The tax effect in this appeal was below this limit.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the tax effect is below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “E” MUMBAI

For Respondent: Mr. Amit Pratap Singh, D.R

Hearing: 17/10/2019Pronounced: 17/10/2019

ORDER

PER RAVISH SOOD, JM

The present appeal filed by the revenue directed against the order passed by the Commissioner of Income Tax (Appeals)-24, [for short „CIT(A)‟], Mumbai, dated 04.09.2017 which in turns arises from the assessment order passed by the A.O under section 143(3) of the Income Tax Act 1961, (for short „Act‟), dated 29.03.2016.

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.

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 purchase, „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 | The Income Tax Officer-15(1)(2) Vs. M/s Esctacy Construction Pvt. Ltd. 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.”

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/-.

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). None had put up an appearance on behalf of the assessee respondent.

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.

We agree with the above contentions of the Ld. DR 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.

With the above observations the appeal involving tax effect of less than Rs.50,00,000/- is dismissed.

Order pronounced in the open Court on 17/10/2019.

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