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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
PER BENCH: These appeals of Revenue are arising out of the orders of the Commissioner of Income Tax (Appeals)-7, Mumbai in ITAs No.
2 | P a g e ITAs No.5365/MUM/2012 & 1849/Mum/2013 CIT(A)-7/DCIT-3(3)/IT-66,11/10-11 dated 23.04.2012, 23.10.2012. The Assessments were framed by the Dy. Commissioner of Income Tax, Circle 3(3), Mumbai (in short DCIT/ ITO/ AO) for AYs 2008-09 & 2009-10 vide dated 12.11.2010, 28.02.2011, under section 143(3) of the Income- tax Act, 1961 (hereinafter ‘the Act’).
These appeals contains the quantum additions of ₹ 81,24,564/- for AY 2008-09 and ₹ 1,31,02,274/- for AY 2009-10. The learned Counsel for the assessee stated that the tax effect in these appeal, 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.
When this was confronted to the learned Sr. Departmental Representative, he could not point out that these appeals falls under any of the exception as provided in Circular No. 3 of 2018, which are applicable to the present circular no. 17/2019. Now, before us, the learned Sr. DR only requested that he want to verify whether these appeals falls under any of the exception as provided in CBDT Circular No. 3/2018. Here, we are giving liberty to Revenue, that in case, after passing the order, it comes to the notice of the Revenue that these appeals does falls under any exception of the CBDT Circular No. 3/18,