DEPUTY COMMISSIONER OF INCOME TAX CC-3(4), CENTRAL RANGE-3, MUMBAI vs. SHRI JITENDRA V KIKAVAT, MUMBAI

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ITA 1581/MUM/2018Status: 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 ITAT noted that the tax effect was below the revised monetary limit for filing appeals as per CBDT Circular No. 17 of 2019. The Departmental Representative conceded that the appeal was covered by the circular.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for AY 2010-11. The tax effect of the relief granted by the CIT(A) was below Rs. 50 lacs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the CBDT's revised monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F”

Before: SHRI PAWAN SINGH, JM & SHRI S. RIFAUR RAHMAN, AM

O R D E R

Per S. Rifaur Rahman, Accountant Member:

1.

The present Appeal has been filed by the revenue against the order of Ld. Commissioner of Income Tax (Appeals) - 51 in short referred as ‘Ld. CIT(A)’, Mumbai, dated 13.12.2017 for Assessment Year (in short AY) 2010-11. 2 Shri Jitendra V. Kikavat

2.

At the outset, we notice that the tax effect of the relief granted by the Ld. Commissioner of Income Tax (Appeals) is below Rs. 50 lacs and as per Circular No.17 of 2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India, the CBDT has revised the monetary limit for filing appeals before the ITAT from the existing limit of Rs. 20 lacs to Rs. 50 lacs.

3.

The Ld. Departmental Representative (DR) fairly conceded that this appeal is covered by the aforesaid circular issued by the CBDT. The Ld. DR submitted that in case this appeal falls in the exceptional case, the appeal may be allowed to recall.

4.

We have gone through the order of the Ld. Commissioner of Income Tax (Appeals) and the grounds of appeals. We find that the tax effect in the above referred appeal is less than Rs. 50 lacs. Accordingly, we dismiss the aforesaid appeal filed by the Revenue as not maintainable/withdrawn.

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