DCIT RG 3(3), MUMBAI vs. TREND ELECTRONICS LTD ( PREVIOUSLY KNOWN AS VIDEOCON COMMUNICATION LTD), MUMBAI

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ITA 5365/MUM/2012Status: DisposedITAT Mumbai27 August 2019AY 2008-093 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect in the appeals was below the enhanced monetary limit of ₹ 50 lacs for filing appeals before the ITAT as per CBDT Circular No. 17/2019. The Revenue could not point out any exceptions to this circular.

What were the facts?

The Revenue filed appeals before the ITAT for AYs 2008-09 and 2009-10, involving quantum additions of ₹ 81,24,564/- and ₹ 1,31,02,274/- respectively. The tax effect in these appeals was below the monetary limit prescribed by CBDT Circular No. 17/2019 for filing appeals before the ITAT.

What were the issues?

Whether the Revenue's appeals are maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT circulars.

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, “E” BENCH, MUMBAI

For Appellant: Shri Rajesh Kumar Mishra, DR
Hearing: 27.08.2019Pronounced: 27.08.2019

Heard together (2 matters)

ITA No. 5365/Mum/2012
ITA No. 1849/Mum/2013

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

PER BENCH: These appeals of Revenue are arising out of the orders of the Commissioner of Income Tax (Appeals)-7, Mumbai in ITAs No.

1.

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’).

2.

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.

3.

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,

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