ACIT CIR 3(1)(2), MUMBAI vs. CLEARWATER CAPITAL PARTNERS INDIA PRIVATE LIMITED, MUMBAI

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ITA 4774/MUM/2017Status: DisposedITAT Mumbai18 December 2019AY 2010-113 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 noted that the tax effect was below the revised monetary limit for filing appeals as per CBDT Circular No. 17 of 2019. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). At the time of hearing, the Revenue's counsel conceded that the tax effect in the appeal was less than Rs. 50,00,000.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to the tax effect being below the prescribed monetary limit for appeals before the ITAT.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K”, BENCH

Before: SHRI R.C.SHARMA, AM & SHRI C.N. PRASAD, JM

For Respondent: Shri Anand Mohan (CIT-DR)
Hearing: 18/12/2019Pronounced: 18/12/2019

Revenue by Shri Anand Mohan (CIT-DR) Assessee by None Date of Hearing 18/12/2019 Date of Pronouncement 18/12/2019 आदेश / O R D E R PER: R.C. SHARMA, A.M. This is the appeal filed by the revenue against the order of the ld. CIT(A)-55, Mumbai dated 30/03/2017 for the A.Y. 2010-11 in the matter of order passed U/s 143(3) r.w.s. 144C(3) of the Income Tax Act, 1961 (in short, the Act).

2.

At the time of hearing, nobody has appeared on behalf of assessee, therefore, the Bench decided to dispose off the appeal after hearing the ld CIT-DR and the material available on record.

3.

At the outset, the ld DR has fairly agreed that the tax effect in this appeal filed by the revenue is less than Rs. 50.00 lacs.

ACIT Vs M/s Clearwater Capital Partners India P Ltd. 4. We have considered the rival contentions and carefully gone through the orders of the authorities below and found that the tax effect in this appeal is not exceeding the monetary limit as revised by the CBDT vide Circular dated 08.08.2019 for the purpose of filing of appeal by the department before the Income Tax Appellate Tribunal from Rs. 20,00,000/- to Rs. 50,00,000/-. For ready reference, we reproduce the CBDT Circular No. 17 of 2019 dated 08.08.2019 as under:-

Further Enhancement of Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court - Amendment to Circular 3 of 2018 - Measures for reducing litigation.

Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation.

Appeals/SLPs in Income- Monetary Limit Monetary Limit tax matters (Rs.) (previous (Rs.) limit) (Revised Limit) Before Appellate Tribunal 20,00,000 50,00,000 Before High Court 50,00,000 1,00,00,000 Before Supreme Court 1,00,00,000 2,00,00,000 • The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. • Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year

ACIT Vs M/s Clearwater Capital Partners India P Ltd. and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. • In case where a composite order/ judgment involves more than one assessee, each assessee shall be dealt with separately.”

5.

It is also relevant to mention here that this appeal is not covered by any of the exceptions mentioned in the said circular. Accordingly, the appeal of the department is not maintainable being monetary limit is less than/not exceeding Rs. 50,00,000/-.

6.

In the result, the appeal of the revenue is dismissed.

Order pronounced in the open court on 18th December, 2019.

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