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Income Tax Appellate Tribunal, “H”, BENCH
Before: SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH, JM
Revenue by Shri M.K. Singh (DR) Assessee by Shri A. Gopalkrishan (AR) Date of Hearing 29/08/2019 Date of Pronouncement 06/09/2019 आदेश / O R D E R PER: R.C. SHARMA, A.M. The appeal by the revenue and the cross objection by the assesse are directed against the order dated 20/07/2018 of ld. CIT(A)-37,
C.O. 189/Mum/2019 ACIT Vs Keniya Shirish Lakhamshi (HUF) Mumbai for the A.Y. 2014-15 in the matter of order passed U/s 143(3) of the Income Tax Act, 1961 (in short, the Act).
Firstly we take revenue’s appeal.
As per grounds of appeal, tax effect in respect of relief granted by the ld. CIT(A) works out to be less than Rs. 50.00 lacs, therefore, in view of the CBDT circular No. 17/2019 dated 08/08/2019 this appeal deserves to be dismissed.
CBDT Circular No. 17 of 2019 dated 08.08.2019 reads 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Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts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 Tribunal 20,00,000 50,00,000 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 C.O. 189/Mum/2019 ACIT Vs Keniya Shirish Lakhamshi (HUF) 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.”
Since the tax effect is less than Rs. 50.00 lacs, the appeal of the revenue deserves to be dismissed. Before parting with the matter, it is made clear that the department is at liberty to file Misc. application, if the tax effect is found to be more than Rs. 50.00 lacs or the case falls in any of the exceptions of the circular.
Now we take assessee’s cross objection.
Rival contentions have been heard and record perused. From the record we found that the appeal of the revenue is dismissed being low tax effect according to CBDT Circular No. 17 of 2019 dated 08.08.2019, therefore, the C.O. of the assessee which is in support of the ld. CIT(A)’s order has become infructuous.
In the result, appeal of the revenue as well as C.O. of the assessee are dismissed.
Order pronounced in the open court on ………September, 2019.