DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-6(3), MUMBAI vs. M/S.MARATHON FISCAL PRIVATE LIMITED, MUMBAI

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ITA 5782/MUM/2017Status: DisposedITAT Mumbai23 August 2019AY 2012-133 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 held that the appeal filed by the Revenue was not maintainable as it fell below the revised monetary limits for filing appeals as per CBDT Circular No. 17/2019.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect involved in the appeal was found to be less than Rs. 50 lacs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the 'tax effect' and the prevailing monetary limits set by the CBDT.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” Bench, Mumbai

Before: Shri Ravish Sood & Shri N.K. Pradhan

For Appellant: Shri Jim Son, D.R
For Respondent: Shri J.P. Bairagra, A.R
Hearing: 23.08.2019Pronounced: 23.08.2019

O R D E R

PER RAVISH SOOD, JM

1.

The captioned appeal filed by the Revenue is directed against the order passed by the CIT(A)-54, Mumbai, dated 28.06.2017, which in turn arises from the assessment order passed by the A.O under Sec.143(3) r.w.s 147 sof the Income Tax Act, 1961 (for short ‘Act’), dated 28.03.2016.

2.

We find that the ‘tax effect’ involved in the present appeal filed by the revenue is less than Rs.50 lacs. On the basis of the aforesaid fact, the appeal filed by the revenue as per the monetary limits revised by the CBDT vide its Circular No. 17/2019, dated 08.08.2019 is found to be not maintainable.

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