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

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.