What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue as not maintainable. This was based on CBDT Circular No. 3/2018, which enhanced the monetary limit for filing appeals before the Tribunal to Rs. 20,00,000/-.

The Revenue filed an appeal before the ITAT. The tax effect involved in the appeal was less than Rs. 20 lacs. The assessee did not appear for the hearing.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect is below the prescribed monetary limit by the CBDT circular.

ACIT vs M/S.Lucky Diamonds | ITAT Mumbai 2019

Income Tax Appellate Tribunal, MUMBAI BENCH A,

Before: Shri Saktijit Dey & Shri G Manjunatha

For Appellant: Shri V.K. Chaturvedi

Date of pronouncement 24-06-2019 ORDER Per G Manjunatha, AM :

This appeal filed by the Revenue is directed against order of the CIT(A)- 45, Mumbai, dated 22-12-2017 and it pertains to AY 2013-14.

None appeared for the assessee, We have heard Id. DR, perused materials available on record and gone through orders of the authorities below. During course of hearing, Id. DR submitted that tax effect involved in this appeal filed by the revenue is less than Rs. 20 lacs and in view of latest CBDT circular No. 3/2018 dated 11-7-2018, appeal filed by the revenue is not maintainable and needs to be dismissed. He, further submitted that the 2 ITA 2042/Mum/2018 revenue may be allowed to file miscellaneous application, if required, in case the issue involved in this appeal falls in any of three exceptions as provided in said circular.

Having considered arguments of Id. DR, we find that, recently the CBDT, had issued a circular no. 3/2018 dated 11-7-2018, superseding its earlier circular no. 21/2015 and enhanced monetary limit for filing appeal before various appellate authorities, including Tribunal and accordingly, enhanced monetary limit to Rs. 20,00,000/- for filing appeal before the Tribunal.

Further, in said circular, the CBDT had instructed its officer's to file application for withdrawal of appeals which have been already filed and pending before appellate authorities, if conditions prescribed therein are satisfied. We, therefore, by taking into account the CBDT circular No. 3/2018 dated 11-7-2018 and also considering the fact that tax effect involved in the present appeal is less than the monetary limit fixed by the CBDT for not filing appeal before Tribunal, dismissed appeal filed by the revenue as not maintainable. However, we keep open option to the revenue to file a miscellaneous application, if necessary, in case the issues involved in the present appeal comes within 3 exceptions as provided in para 10 of said circular and clause (e) of subsequent circular.

In the result, appeal filed by the Revenue is dismissed.

ACIT CIR-33(2), MUMBAI vs. M/S.LUCKY DIAMONDS, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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