ITO - 19 (2)(3), MUMBAI vs. KISHOREMAL B. JAIN, MUMBAI

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ITA 6276/MUM/2018Status: DisposedITAT Mumbai12 September 2019AY 2008-092 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 in both appeals was below the monetary limit of Rs. 50 lakhs as per CBDT Circular No. 19/2019. Since the Revenue did not dispute this fact, the appeals were dismissed as not maintainable.

What were the facts?

The Revenue filed two appeals before the ITAT against the orders of the CIT(A) for assessment years 2008-09 and 2009-10. The tax effect involved in both appeals was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

The primary issue was whether the Revenue's appeals were maintainable before the Tribunal given the tax effect was below the CBDT's prescribed monetary limit for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H”, MUMBAI

Before: Shri Shamim Yahya & Shri Pawan Singh

For Appellant: Shri S Michael Jerald, DR
For Respondent: Shri Dhaval Shah & Dharmesh

Date of hearing 12-09-2019 Date of pronouncement 12-09-2019 O R D E R Per Pawan Singh, JM : These are two appeals filed by the revenue are directed against the common order of the CITA)-30, Mumbai dated 13-08-2018 for the assessment orders 2008-09 & 2009-10.

2.

At the outset of hearing, the Ld.AR of the assessee brought to our notice that the tax effect involved in both the appeals are below the monetary limit of Rs.50 lakhs fixed by the CBDT for filing appeal before the Tribunal

2 ITA 6276/Mum/2018 vide its circular No.19/2019 dated 08-08-2019. The Ld.AR of the assessee has placed a chart showing the tax effect involved in the issues agitated by the revenue, as per which the tax effect comes to Rs.37,12,167 and Rs.36,64,412 for AY s 2008-09 & 2009-10, respectively (copy placed on record. The Ld.DR has not disputed this position. Therefore, in view of the circular of the CBDT No.19/2019 dated 08-08-2019, and in view of the agreed proposition, the appeals filed by the revenue are dismissed, as not maintainable.

3.

In the result, appeal filed by the revenue is dismissed.

Order pronounced in the open court on 12-09-2019.

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