What did the Tribunal hold?

The Tribunal held that since the tax effect in both appeals was below the prescribed monetary limit for appeals before the Appellate Tribunal, the appeals were to be dismissed. Liberty was granted to the Revenue to seek recall if exceptions applied or the tax effect exceeded the limit later.

The Revenue filed two appeals before the ITAT, contesting orders of the first appellate authority. The tax effect in both appeals was found to be less than the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

The primary issue was whether the appeals filed by the Revenue should be dismissed based on the low tax effect as per the CBDT circular.

ITO vs Searocks Resorts P.Ltd | ITAT Mumbai 2019

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: HON’BLE SHRI C.N. PRASAD, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Ms. Pooja Mehta-Ld. AR

For Respondent: DR &

Heard together (2 matters)

I.T.A. No.5228/Mum/2017

I.T.A. No.3071/Mum/2017

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

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. These two appeals by revenue, with respect to different assessee, contest separate orders of learned first appellate authority. Since the tax effect in all these appeals is stated to be less than monetary limit of Rs.50 Lacs as prescribed by Central Board of Direct Taxes in its recently issued Circular No.17/2019 dated 08/08/2019 [F.No.279/Misc.142/2007- TTJ(Pt.) Government of India, Ministry of Finance, Department of Revenue], both these appeals are being disposed-off by way of this consolidated order for the sake of convenience & brevity.

Upon perusal of appeal folders, prima facie, it appears that the tax effect of the quantum additions being contested by the revenue is less than prescribed monetary limit of Rs.50 Lacs and the same is covered by recently issued low tax effect Circular No.17/2019 dated 08/08/2019 issued by Central Board of Direct Taxes [CBDT]. This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. The Ld. Departmental Representative is unable to point out any exceptions in the appeals as provided in para-10 of Circular no. 3 of 2018 dated 11/07/2018.

We have gone through the circular and find that the tax effect of quantum in dispute in each of the appeal is below prescribed limit of Rs.50 Lacs and the assessee stood benefitted by the above circular issued by CBDT wherein the minimum monetary limit for filing the appeals before various appellate authorities have been fixed as under: - S. No. Appeals/ SLPs in Income-tax Monetary Limit (Rs.) matters 1 Before Appellate Tribunal 50.00,000 2 Before High Court 1,00.00,000 3 Before Supreme Court 2,00.00,000 The aforesaid limits, as per para 13 of the Circular no. 3 of 2018 dated 11/07/2018, applies to pending appeals also. In view of the admitted position, we dismiss both the appeals.

At the same time, a liberty is given to revenue to seek recall of any appeal, if at a later stage, it is found that the matter is covered by any exceptions provided in the aforesaid circular or in case the tax effect of the quantum additions as agitated by revenue exceeds the prescribed monetary limit.

Resultantly, both the appeals stand dismissed. Order pronounced in the open court on 22nd August, 2019. Sd/- Sd/- (C.N. Prasad) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 22/08/2019 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6.

ITO 11(2)(1), MUMBAI vs. SEAROCKS RESORTS P.LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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