ASST CIT CIR 2(3)(1), MUMBAI vs. THE INDIAN HOTELS COMPANY LTD, MUMBAI

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ITA 4099/MUM/2018Status: DisposedITAT Mumbai27 August 2019AY 2003-042 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 both appeals was undisputed to be below the CBDT's prescribed limit. Consequently, the Tribunal dismissed the revenue's appeals in limine based on the tax effect.

What were the facts?

The revenue filed two appeals before the ITAT for assessment years 2003-04 and 2004-05. The assessee's counsel argued that the tax effect in these appeals was below the threshold limit of Rs. 50 lakhs set by the CBDT for filing appeals before the ITAT.

What were the issues?

The primary issue was whether the revenue's appeals should be dismissed due to the tax effect being below the monetary limit prescribed by the CBDT for filing appeals before the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” Bench, Mumbai

Before: Shri Shamim Yahya (AM) & Shri Ravish Sood (JM)

For Appellant: Shri Arpit Agarwal
For Respondent: Shri Rajeev Gubgotra
Hearing: 22.8.2019Pronounced: 27.8.2019

Heard together (2 matters)

I.T.A. No. 4099/Mum/2018
I.T.A. No. 4100/Mum/2018

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

2.

For A.Y. 2003-04 the appeal against the order of learned CIT(A) dated 27.3.2018. For A.Y. 2004-05 appeal is against the order of learned CIT(A) dated 27.3.2018.

3.

At the outset learned counsel of the assessee submitted that the tax effect in these revenue appeals is below the limit of Rs. 50 lakhs fixed by the CBDT vide latest circular dated 8.8.2019 on the issue of threshold limit for the appeals to be filed before the ITAT. The learned counsel submitted that the tax effect in these cases is below the limit fixed for appeals to be filed before the ITAT. Hence learned counsel prayed that these appeals are liable to be 2 M/s. The Indian Hotels Co. Ltd.

dismissed in limine on tax effect. Per contra learned departmental representative did not dispute the proposition that the tax effect in these cases is below the limit fixed by the CBDT for filing appeals before the ITAT.

4.

In view of the above undisputed facts that tax effect in these cases are below the limit fixed by the CBDT vide Circular No. 17/2019 dated 8.8.2019 for filing appeals before the ITAT, these appeals are dismissed in limine on tax effect.

5.

In the result is appeals by the revenue stand dismissed. Order has been pronounced in the Court on 27.8.2019.

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