ITO (E) I(1), MUMBAI vs. BOMBAY GOW RAKSHAK MANDALI, MUMBAI

At the time of hearing, the learned Authorised Representative for the assessee submitted that the tax effect on the amount disputed by the Revenue is below the revised monetary limit of ` 50 lakh applicable to appeals before the Tribunal, as per CBDT Circular no.17 of 2019, dated 8th August 2019. Further, she submitted, none of the exceptions provided in CBDT Circular no.3 of 2018, dated 11th July 2018 read with circular F.No.279/Misc./142/2007–ITJ–(Pt) dated 20th August 2018 would apply to Revenue’s appeal. Thus, she submitted, Revenue’s appeal being covered under the aforesaid Circulars is not maintainable.

The learned Departmental Representative agreed that the tax effect on the amount disputed by the Revenue is below the monetary limit of ` 50 lakh.

Having considered rival submissions and perused the material on record, we are of the view that the tax effect on the amount disputed by the Revenue in the present appeal is below the revised monetary limit of ` 50 lakh as per CBDT Circular no.17/2019, dated 8th August 2019, r/w CBDT Circular no.3/2018, dated 11th July 2018. It also stands clarified by the CBDT that the revised monetary limit of ` 50 lakh as per the aforesaid CBDT Circulars would also apply to all pending appeals. In view of the aforesaid, Revenue’s appeal deserves

In the result, Revenue’s appeal is dismissed in terms indicated above. Order pronounced in the open Court on 11.10.2019