DEPUTY COMMISSIONER OF INCOME TAX 6(3)(1), MUMBAI vs. INDOSPACE AS INDUSTRIAL PARK PRIVATE LIMITED, MUMBAI

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ITA 597/MUM/2018Status: DisposedITAT Mumbai05 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 held that the appeal was not maintainable as it did not meet the revised monetary limits for filing appeals by the department as per CBDT Circular No. 17/2019.

What were the facts?

The revenue filed an appeal before the ITAT. The tax effect involved in the appeal was found to be less than Rs. 50 lacs.

What were the issues?

Whether the revenue's appeal is maintainable before the Tribunal based on the 'tax effect' and the prevailing monetary limits set by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” Bench, Mumbai

Before: Shri Ravish Sood & Shri N.K. Pradhan

For Appellant: Ms. Hirali Desai D.R
For Respondent: Shri G.N. Makwana, Sr. A.R
Hearing: 05.09.2019Pronounced: 05.09.2019

O R D E R

PER RAVISH SOOD, JM

1.

The captioned appeal filed by the revenue is directed against the order passed by the CIT(A)-12, Mumbai, dated 06.11.2017, which in turn arises from the assessment order passed by the A.O under Sec.143(3) of the Income Tax Act, 1961 (for short ‘Act’), dated 23.12.2015.

2.

We find that the ‘tax effect’ involved in the present appeal filed by the revenue is less than Rs.50 lacs. On the basis of the aforesaid fact, the appeal filed by the revenue as per the monetary limits revised by the CBDT vide its Circular No. 17/2019, dated 08.08.2019 is found to be not maintainable.

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