INCOME TAX OFFICER-21(1)(5), MUMBAI vs. JAGER GAMMON JOINT VENTURE, MUMBAI

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ITA 4646/MUM/2017Status: DisposedITAT Mumbai29 August 2019AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the tax effect in these appeals was below the prescribed limit of ₹ 50 lacs as per CBDT Circular No. 17 of 2019. Consequently, the appeals were dismissed as withdrawn.

What were the facts?

The Revenue filed three appeals before the ITAT against the orders of the CIT(A) for AYs 2010-11, 2011-12, and 2012-13. The tax effect of the additions made in these appeals was below the monetary limit prescribed by CBDT Circular No. 17/2019 for filing appeals before the Tribunal.

What were the issues?

Whether the Revenue's appeals are maintainable before the ITAT given the low tax effect, as per the CBDT circulars on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

For Appellant: Shri Rajeev Gubgotra, DR
Hearing: 29.08.2019Pronounced: 29.08.2019

Heard together (3 matters)

ITA No. 5060/Mum/2016
ITA No. 836/Mum/2017
ITA No. 4646/Mum/2017

Read from the judgment's own cause title. This page is filed under one of them.

AadoSa / O R D E R महावीर स ुंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM: These three appeals by the Revenue are arising out of the orders of Commissioner of Income Tax (Appeals)-33, Mumbai in Appeal Nos. CIT(A)-33/Rg.21/373,191, 147/2015-16, 2014-15, 2013-14 dated 04.04.2017, 15.11.2016, 02.05.2016. The Assessments were framed by 2 | P a g e ITAs No.4646, 836/MUM/2017 5060/Mum/2016 the Income Tax Officer, Ward-21(1)(5), 18(1)(4), Mumbai (in short ACIT/ITO/ AO) for AY 2012-13, 2011-12, 2010-11 vide dated 19.03.2015, 28.03.2014, 25.03.2013 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).

2.

These appeals contains the quantum addition of ₹ 1,29,09,446/- 1,20,34,645/ & 1,25,84,554/- for AYs 2010-11, 2011-12, 2012-13 respectively, which are disputed before the Department stated by the learned Counsel . The learned Counsel for the assessee stated that the tax effect of these additions are ₹ 37,18,705/-, 39,89,019/- & 38,88,627/- respectively for AY 2010-11, 2011-12, 2012-13, 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 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 these case tax effect is below prescribed limit for filing of appeal before the Tribunal by the Revenue i.e. ₹ 50 lacs.

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