JCIT (OSD) CIRCLE-8(3)(1), MUMBAI vs. M/S.TATA POWER RENEWABLE ENERGY LIMITED, MUMBAI

अपीलार्थी की ओर े / Appellant by : Shri Rajesh Kumar Mishra, DR प्रत्यर्थी की ओर े / Respondent by : Shri Milin Thakore, AR ुनवाई की तारीख / Date of hearing: 28.08.2019 घोषणा की तारीख / Date of pronouncement : 28.08.2019 AadoSa / O R D E R महावीर स ुंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM: This appeal of the Revenue is arising out of the order of Commissioner of Income Tax (Appeals)-14, Mumbai in Appeal No. CIT(A)-14/IT-174/16-17 dated 12.12.2017. The Assessment was framed by the Dy. Commissioner of Income Tax-Circle 8(3)(1), Mumbai (in short 2 | P a g e DCIT/ITO/ AO) for AY 2013-14 vide dated 30.03.2016, under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).

This appeal contains the quantum addition of ₹ 1,04,82,619/- 2. which is in dispute before the Department stated by the learned Counsel . The learned Counsel for the assessee stated that the tax effect of this addition is ₹ 34,01,086/-, 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 this case tax effect is below prescribed limit for filing of appeal before the Tribunal by the Revenue i.e. ₹ 50 lacs.