DCIT - 3(3)(2), MUMBAI vs. TREND ELECTRONICS LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the tax effect was below the monetary limit for filing appeals as per the latest CBDT circular. The Revenue's representative could not point out any exception.
What were the facts?
The Revenue filed an appeal before the ITAT for AY 2013-14. The tax effect in this appeal was below the prescribed limit for filing appeals before the Tribunal as per CBDT Circular No. 17 of 2019.
What were the issues?
Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT circulars.
Which sections of the Income-tax Act were involved?
None
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “E”, MUMBAI
Before: SHRI RAJESH KUMAR & SHRI RAVISH SOOD
Per Rajesh Kumar, Accountant Member:
The present appeal has been preferred by the Revenue against the order dated 06.10.2017 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2013-14.
It is noticed that the CBDT recently has amended the 2. CBDT Circular No. 3/2018 dated 11.07.2018 amounting vide Circular No. 17/2019, F.No. 279/Misc.142/2007-ITJ(Pt.) dated 08.08.2019 increasing the limit for filing of appeal before Income Tax Appellate Tribunal i.e. Rs.50 lacs in each of the case. We noted that earlier Circular No. 3 of 2018 was made applicable to pending appeals also and this clause of the circular remains
2 M/s. Trend Electronics Ltd. unchanged even after the amendment. Admittedly, in this case tax effect is below prescribed limit for filing of appeal before the Tribunal by the Revenue i.e. Rs.50 lacs.
When this was confronted to the learned Sr. Departmental Representative, he could not point out that this appeal falls under any of the exception as provided in Circular No. 17 of 2019. Admittedly, the tax effect in this appeal of Revenue is much below the prescribed limit of filing appeal before the Tribunal i.e. Rs.50 lacs as per CBDT circular No. 17 of 2019. In view of the above, this appeal of Revenue is dismissed as withdrawn in view of Circular No. 17 of 2019.
At the outset, the learned CIT Departmental Representative requested that the appeal may please be withdrawn as the present case is below the threshold limit of Rs.50 lakhs as per CBDT circular No. 17 of 2019, hence the same is dismissed as withdrawn.
In the result, the appeal of the Revenue is dismissed. 5.
Order pronounced in the open court on 19.12.2019.
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