What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was below the prescribed monetary limit. The revenue's appeal was dismissed on this ground.

The revenue filed an appeal before the ITAT contesting certain additions made by the lower authorities. The assessee pointed out that the tax effect of these additions was below the monetary threshold prescribed by CBDT circulars.

What were the issues?

Whether the revenue's appeal is maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by CBDT circulars.

DCIT vs Leena Construction P. Ltd | ITAT Mumbai 2019

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY, JM & SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Anadi Varma –Ld. CIT-DR, Shri Gaurav Kabra-Ld. AR

For Respondent: Shri Gaurav Kabra-Ld. AR

Per Manoj Kumar Aggarwal (Accountant Member):- 1. Aforesaid appeal by revenue for Assessment Year [AY] 2007-08 contest the order of first appellate authority dated 03/03/2017 on certain grounds of appeal.

M/s. Leena Construction P.Ltd. Assessment Year-2007-08 2. The learned Representative for assessee, at the outset, drew our attention to the fact that the tax effect of the quantum additions being contested by the revenue is below the threshold monetary limit of Rs.50 Lacs as prescribed by Central Board of Direct Taxes in its recently issued Circular No.17/2019 dated 08/08/2019 [F.No.279/Misc.142/2007-TTJ(Pt.) Government of India, Ministry of Finance, Department of Revenue] and therefore, the appeal is not maintainable. This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. The Ld. Departmental Representative is unable to point out any exceptions in the appeal as provided in para-10 of Circular no. 3 of 2018 dated 11/07/2018.

We have gone through the circular and find that the tax effect in the appeal is below prescribed limit of Rs.50 Lacs and the assessee stood benefitted by the above circular issued by CBDT wherein the minimum monetary limit for filing the appeals before various appellate authorities have been fixed as under: - S. No. Appeals/ SLPs in Income-tax Monetary Limit (Rs.) matters 1 Before Appellate Tribunal 50.00,000 2 Before High Court 1,00.00,000 3 Before Supreme Court 2,00.00,000 The aforesaid limits, as per para 13 of the Circular no. 3 of 2018 dated 11/07/2018, applies to the above appeal. In view of the admitted position, we dismiss the appeal filed by the revenue.

M/s. Leena Construction P.Ltd. Assessment Year-2007-08

At the same time, a liberty is granted to revenue to seek recall of the appeal, if at a later stage, it is found that the matter is covered by any exceptions provided in the aforesaid circular or in case the tax effect of the additions in the appeal as agitated by revenue exceeds the prescribed monetary limit.

Resultantly, the appeal stands dismissed.

Order pronounced in the open court on 05th September, 2019.

DCIT CEN CIR 3, THANE vs. LEENA CONSTRUCTION P. LTD, MUMBAI

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