ACIT - 16(2), MUMBAI vs. BSR & ASSOCIATES LLP, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL “I”, BENCH MUMBAI BEFORE SHRI M. BALAGANESH, AM & SHRI AMARJIT SINGH, JM ITA No.2846/Mum/2017 (Assessment Year.2012-13) Assessment. Commissioner of Vs. M/s. BSR & Associates LLP Lodha Excelus, 1st Floor, Income-tax 16(2) Room No.440, 4th Floor, Aayakar Appollo Mills Compound Bhavan, M.K. Road, Mumbai- N.M. Joshi Marg, Mumbai- 400020. 400011. PAN/GIR No.AADFB6889R ITA No.3254/Mum/2018 (Assessment Year.2013-14) Dy. Commissioner of Income-tax- Vs. M/s. BSR & Company Lodha Excelus, 1st Floor, 16(2) Room No.479, 4th Floor, Aayakar Appollo Mills Compound, Bhavan, M.K. Road, Mumbai- N. M. Joshi Marg, 400020. Mahalakshmi, Mumbai- 400011. PAN/GIR No.AAIFB7357B Appellant) .. Respondent) Revenue by Shri Kailash C. Kanojiya (SR. DR) Assessee by Shri Abhishek Tilak/Arijit Chakravarty Date of Hearing 14/10/2019 Date of Pronouncement 14/10/2019 O R D E R PER AMARJIT SINGH (J.M): These appeals filed by the Revenue are directed against order of the CIT(A)- 5, Mumbai dated 02/01/2017 & 28.02.2018 and it pertains to AYs. 2012- 13 & 2013-14. 2. We have heard the Ld. Representative of the parties and perused the record. During course of hearing, ld. DR for the revenue submitted that tax effect involved in these appeals filed by the revenue is less than Rs. 50 lacs and in view of latest CBDT circular No. 3/2018 dated 11-7-2018, and also modified circular No. 17/2019 dated 08/08/2019, appeal filed by the revenue are not maintainable and needs to be dismissed. The Ld. DR, further argued that, the issue involved in

ITA Nos2846/M/2017 & 3254/M/2018 A.Ys.2012-13 & 2013-14 these appeals are appears to be covered by exception provided under clause (e) of subsequent circular and therefore, if required the revenue shall be allowed to file miscellaneous application to re-call the order. We, find that, the CBDT, recently had issued a circular no. 3/2018 dated 11-7-2018, superseding its earlier circular no. 21/2015 and enhanced monetary limit for filing appeal before various appellate authorities and accordingly, enhanced monetary limit to Rs.20,00,000/- for filing appeal before the Tribunal. Further, the board has issued one more circular vide Circular no.17/2019 dated 08/08/2019 and enhanced monetary limit for filing appeal before appellate Tribunal to Rs. 50,00,000/-. Further, in the said circular, the CBDT had instructed its officer’s to file application for withdrawal of appeal already filed or not to pursue pending appeals. We, therefore, by taking into account the CBDT circular No. 3/2018 dated 11-7-2018 and Circular no.17/2019 dated 08/08/2019 and also considering the fact that tax effect involved in the present appeal is less than the amount of monetary limit fixed by the CBDT for not filing appeal, dismissed appeal filed by the revenue as not maintainable. We, further noted that the Co-ordinate bench of ITAT, Ahmedabad ‘A’ Bench in ITA. No. 1398/Ahd/2004, vide order dated 14/08/2019 has passed detailed order considering new circular issued by the CBDT and held that except amendment to para 3 of the circular No.3/2018 dated 11/07/2018, all other portions of the circular No.03/2018 (supra) have remain in fact, therefore, this circular is applicable even for pending appeals and accordingly, rejected the arguments of the revenue that the effect of the circular shall come into force from the date of issue of this circular. Therefore, considering the facts and circumstances of this case and also taken note of circulars issued by the CBDT including circular No. 17/2019 dated 08/08/2019, and also by following the decision of Co-ordinate Bench, we dismissed appeals filed by the revenue as not maintainable. However, we keep open option to the revenue to file a miscellaneous application, if necessary, in case the issues involved in the present appeal comes within 3 exceptions as provided in para 10 of said circular and clause (e) of subsequent circular.

ITA Nos2846/M/2017 & 3254/M/2018 A.Ys.2012-13 & 2013-14 3. In the result, these appeals by the Revenue stands dismissed. Order pronounced in the open court on this 14/10/2019 Sd/- Sd/- (M. BALAGANESH) (AMARJIT SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 14/10/2019 Vijay/ Sr. PS Copy of the Order forwarded to : The Appellant 1. The Respondent. 2. The CIT(A), Mumbai. 3. CIT 4. DR, ITAT, Mumbai 5. BY ORDER, Guard file. 6. सत्यापित प्रतत //True Copy// (Asstt. Registrar) ITAT, Mumbai