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Income Tax Appellate Tribunal, MUMBAI BENCHES “D”, MUMBAI
Before: SHRI M. BALAGANESH (AM) & SHRI RAM LAL NEGI (JM)
O R D E R
PER RAM LAL NEGI, JM
This appeal has been filed by the revenue against the order dated 19.03.2018 passed by the Commissioner of Income Tax (Appeals)-1 (for short ‘the CIT (A), Mumbai, for the assessment year 2013-14, whereby the Ld. CIT(A) has partly allowed the appeal filed by the assessee against the assessment order passed u/s 143 (3) of the Income Tax Act, 1961 (for short the ‘Act’).
Aggrieved by the order of the Ld. CIT (Appeals), the revenue has preferred this appeal before the Tribunal on the following effective ground:-
On the facts and in the circumstances of the case & in law, the ld. CIT (A) erred in extending the benefit of section 32(1) (iia) of the Act to the next assessment year, when the Income-tax Act does not provide such carryover, thereby violating the legal principle of “cassus omissus which states that the courts cannot compensate for what the legislature has omitted to enact? Assessment Year: 2013-14
At the outset, the Ld. counsel for the respondent/assessee pointed out that the tax effect of the relief granted by the Ld. Commissioner of Income Tax (Appeals) is below Rs. 50 lacs and as per Circular No.17 of 2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India, the CBDT has revised the monetary limit for filing appeals before the ITAT from the existing limit of Rs. 20 lacs to Rs. 50 lacs. In the light of the aforesaid facts, the Ld. counsel submitted that this appeal is not maintainable and liable to be dismissed.