DCIT 3(2)(2), MUMBAI vs. KALTECH ENERGIES LTD, BANGALORE

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ITA 5564/MUM/2018Status: DisposedITAT Mumbai09 September 2019AY 2012-132 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 found that the tax effect in both appeals was below the monetary limit specified by CBDT Circular No. 17/2019. Therefore, the appeals were dismissed as not maintainable.

What were the facts?

The revenue filed two appeals against the orders of the CIT(A) for assessment years 2012-13 and 2014-15. The assessee argued that the tax effect was below the monetary limit prescribed by CBDT circulars, making the appeals not maintainable.

What were the issues?

Whether the revenue's appeals are maintainable given the tax effect is below the prescribed monetary limits by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 253,Section 254(1)

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

ITA No. 5564/Mum/2018
ITA No. 6005/Mum/2018

Read from the judgment's own cause title. This page is filed under one of them.

Appellant by : Shri S.S. Michael Jerald (Sr. DR) Respondent by : Shri Ruturaj H. Gurjar (AR) Date of Hearing : 09/09/2019 Date of Pronouncement : 09/09/2019 Order under section 254(1) of Income Tax Act PER BENCH:

1. 1. These two appeal by revenue under section 253 of Income Tax Act are directed against the separate orders of ld. Commissioner of Income Tax (Appeals)-8, [CIT(A)], Mumbai dated 19.07.2018 & 20.08.2018, for Assessment Year 2012-13 & 2014-15 respectively.

2. At the outset of hearing, the ld. Authorized representative (AR) of the assessee submitted that the tax effect involved in the present appeals are less than the monetary limit prescribed by CBDT in its Circular No.17/2019 dated 8th August 2019, therefore both the appeals are liable to be dismissed.

3. On the other hand, the ld. Departmental Representative (DR) for the revenue after going through the grounds of appeal fairly submits that though the tax effect involved in the present appeals are less than the monetary limit of tax & 6005 Mum 2018-M/s Kaltech Energies Ltd. effect fixed by CBDT in a recent circular, however, the revenue may be given liberty to get the appeal revived in case at the later stage it is discovered that the ground of appeal are covered by any exception clause of CBDT Circular No. 3/2018 dated 11th July 2018.

4. Considering the submissions of both the ld. representatives of the parties, we find that tax effect involved in the present appeals are less than the monetary limit of Rs. 50,00,000/- fixed by CBDT Circular No. 17/2019 dated 8th August 2019, therefore, the appeal of revenue are dismissed being not maintainable. However, the revenue is given liberty to get the appeals revived in case, if it is discovered that the present appeals are covered by any exception clause of CBDT Circular No.3/2018 dated 11th July 2018.

5. In the result, both the appeals of the revenue are dismissed.

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