What did the Tribunal hold?

The Tribunal held that the tax effect was below the revised monetary limit specified in CBDT Circulars. Therefore, the Revenue's appeal was not maintainable and deserved to be dismissed.

The Revenue appealed an order of the CIT(A) for AY 2012-13. The assessee argued that the tax effect of the disputed amount was below the revised monetary limit for appeals to the Tribunal as per CBDT Circulars.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect is below the prescribed monetary limit as per CBDT Circulars.

ACIT vs Gammon Construtora Cidade… | ITAT Mumbai 2019

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI M. BALAGANESH

For Appellant: Shri Anoop Hiwase

For Respondent: Shri Vinod Modi

Aforesaid appeal by the Revenue is directed against the order dated 5th April 2017, passed by the learned Commissioner of Income Tax (Appeals)–33, Mumbai, for to the assessment year 2012–13.

At the time of hearing, learned Counsel for the assessee submitted that the tax effect on the amount disputed by the Revenue

2 M/s. Gammon Construtora Cidade Tensacciai Joint Venture 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, he 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 20.08.2018 would apply to Revenue’s appeal. Thus, he 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 to be dismissed. However, the Revenue is given liberty to seek recall of this order if, at a later point of time, it is found that the appeal falls

3 M/s. Gammon Construtora Cidade Tensacciai Joint Venture under any of the exceptions provided in the Circulars referred to above.

In the result, Revenue’s appeal is dismissed. Order pronounced in the open Court on 25.09.2019

ASSISTANT COMMISSIONER OF INCOME TAX-21(1), MUMBAI vs. GAMMON CONSTRUTORA CIDADE TENSACCIAI JOINT VENTURE, MUMBAI

What did the Tribunal hold?

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