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Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
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’).
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.