ASST CIT 32(3), MUMBAI vs. SAGAR CONSTRUCTION, MUMBAI

Per Bench 1. Aforesaid appeals, listed at serial numbers 1 to 5, 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], all these appeals are being disposed-off by way of this consolidated order for the sake of convenience & brevity. 2. 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 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. 3. We have gone through the circular and find that the tax effect of quantum in dispute 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 the revenue’s appeal listed at serial numbers 1 to 5 which makes assessee’s cross-objection listed at serial no.6 infructuous.