Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “D” Bench, Mumbai
Before: Shri Shamim Yahya & Shri Ravish Sood
O R D E R
PER RAVISH SOOD, JM
The captioned appeal filed by the Revenue is directed against the order passed by the CIT(A)-52, Mumbai, dated 02.05.2017, which in turn arises from the assessment order passed by the A.O under Sec.271(1)(c) of the Income Tax Act, 1961 (for short ‘Act’), dated 30.03.2016.
The ld. Authorized Representative (for short ‘A.R’) for the assessee at the very outset of the hearing of the appeal submitted, that the tax effect involved in the present appeal filed by the revenue was less than Rs.20 lacs. On the basis of the aforesaid fact, it was submitted by the ld. A.R that the aforementioned appeal as per CBDT Circular No. 03/2018, dated 11.07.2018 was not maintainable.
P a g e | The Assistant Commissioner of Income Tax,CC-4(4) Central Range-4 Vs. Shri Milan B. Dalal 3. Per contra, the ld. Departmental Representative (for short ‘D.R’) could not controvert the aforesaid contention advanced by the counsel for the assessee.
We find that the CBDT vide its Circular No.03/2018, dated 11/07/2018 has revised the monetary limit for filing of appeal by the Department before the Tribunal, retrospectively. Since the tax effect in dispute in the captioned appeal is admittedly below the monetary limit of Rs.20.00 lacs specified in the CBDT Circular No. 03/2018, dated 11/07/2018, therefore, the same is dismissed as not maintainable.