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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
A a d o S a / O R D E R महावीर ससुंह, न्याययक सदस्य/ PER MAHAVIR SINGH, JM: These cross appeal by assessee is arising out of the order of Commissioner of Income Tax (Appeals)-6, Mumbai in Appeal Nos. CIT(A)-6/IT.42/Rg.2(3)/13-14 dated 26.06.2014. The Assessment was framed by the Asst. Commissioner of Income Tax, Circle 2(3) Mumbai (in short ACIT/ITO/ AO) for AY 2010-11 vide dated 11.03.2013, under section 143(3) read with section 144 of the Income-tax Act, 1961 (hereinafter ‘the Act’).
This appeal contains the quantum addition of ₹ 1,24,82,457/- i.e. on account of sales from purchases of Siddhpad Trading Pvt. Ltd. The learned Counsel for the assessee stated that the tax effect in this appeal is ₹ 42,42,787/-, which is below the low tax effect as prescribed vide CBDT Circular No. 17/2019 vide F.No. 279/Misc.142/2007-ITJ(Pt.) dated 08.08.2019, wherein the monetary limit for filing of appeal before ITAT is enhanced to ₹ 50 lacs. We noted that vide this circular No. 17/2019 dated 08.08.2019 a amendment was made to CBDT Circular No. 3/2018 dated 11.07.2018 vide F.No. 279/Misc. 142/2007-ITJ (Pt) increasing the monetary limit for CO No. 173/Mum/2019 3 | P a g e filing of appeal before Income Tax Appellate Tribunal i.e. ₹ 50 lacs in each of the case from the monetary limit of ₹ 20 lacs. We noted that earlier Circular No. 3 of 2018 was made applicable to pending appeals also and this clause of the circular remains unchanged even after the amendment. Admittedly, in this case tax effect is below prescribed limit for filing of appeal before the Tribunal by the Revenue i.e. ₹ 50 lacs.