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Income Tax Appellate Tribunal, “K”, BENCH
Before: SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH, JM
Revenue by Shri Anand Mohan (CIT-DR) & Shri Azhan Zain VP (Addl.CIT) Assessee by Shri Nikhil Tiwari (AR) Date of Hearing 05/12/2019 Date of Pronouncement 09/12/2019 आदेश / O R D E R PER: R.C. SHARMA, A.M. The appeal filed by the revenue and cross objection filed by the assessee are directed against the order of the ld. CIT(A)-55, Mumbai
CO 116/Mum/2019 JCIT(OSD) Vs M/s Accenture Solutions Pvt. Ltd. dated 02/01/2018 for the A.Y. 2007-08 in the matter of order passed U/s 143(3) r.w.s. 144 of the Income Tax Act, 1961 (in short, the Act).
At the outset, the ld AR of the assessee has submitted that the tax effect in the appeal filed by the revenue is less than Rs. 50.00 lacs, therefore, in terms of CBDT Circular No. 17 of 2019 dated 08.08.2019, the appeal of the revenue deserves to be dismissed.
On the other hand, the ld CIT-DR has also agreed that the tax effect in the appeal filed by the revenue is less than Rs. 50.00 lacs.
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Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before
CO 116/Mum/2019 JCIT(OSD) Vs M/s Accenture Solutions Pvt. Ltd. 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 20,00,000 50,00,000 Tribunal 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 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.”
Accordingly, the appeal of the department is not maintainable being monetary limit is less than/not exceeding Rs. 50,00,000/-.
The cross objection so filed by the assessee was not pressed by the ld AR of the assessee, therefore, the same is therefore dismissed as not pressed.
CO 116/Mum/2019 JCIT(OSD) Vs M/s Accenture Solutions Pvt. Ltd. 6. In the result, both i.e. appeal of the revenue and C.O. of the assessee are dismissed.
Order pronounced in the open court on 09th December, 2019.