ITO WD 18(2)(3), MUMBAI vs. MANILAL K THAKUR, MUMBAI

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ITA 5475/MUM/2015Status: DisposedITAT Mumbai21 August 2019AY 2011-123 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 appeal was below the monetary limit prescribed by CBDT Circular No. 17/2019 for filing appeals before the ITAT. The Revenue could not point out any exception to this circular.

What were the facts?

The Assessing Officer (AO) made an addition of ₹ 70,01,618/- on account of undisclosed sources. The CIT(A) deleted this addition. The Revenue filed an appeal before the ITAT.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the low tax effect, 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, “B” BENCH, MUMBAI

For Appellant: Ms. N Hemalatha, DR
Hearing: 21.08.2019Pronounced: 21.08.2019

आदेश / O R D E R महावीर ससुंह, न्याययक सदस्य/ PER MAHAVIR SINGH, JM:

1.

This appeal of Revenue is arising out of the order of the Commissioner of Income Tax (Appeals)]-29, Mumbai, [in short CIT(A)], in ITA No. CIT(A)-29/IT-56/ITO.18(2)(3)/14-15 dated 04.09.2015. The Assessment was framed by the Income Tax Officer, Ward-15(3)(4),

2 | P a g e ITAs No.5475 /Mum/2015 Mumbai (in short ITO/ AO) for the A.Y. 2011-12 vide order dated 25.03.2014, under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).

2.

At the outset, it is noticed that the AO made addition of income on account of undisclosed sources amounting to ₹ 70,01,618/-. Aggrieved, assessee preferred the appeal before CIT(A), who deleted the same as unjustifiable. Now, aggrieved Revenue is in appeal before Tribunal. The learned Counsel for the assessee stated that the tax effect in this 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 this 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 this appeal 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 CIT Departmental Representative only requested that he want to verify whether this appeal falls under any of the exception as provided in CBDT Circular No. 3/2018. Here, we are giving liberty to Revenue, that in case,

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