What did the Tribunal hold?

The Tribunal noted that the tax effect on the disputed additions was below the monetary limit of ₹20 lakh. Therefore, the appeal filed by the Revenue was not maintainable.

The Revenue appealed against an order of the Commissioner (Appeals) concerning additions made by the Assessing Officer. The assessee argued that the tax effect of the disputed additions was below the monetary limit set by CBDT circulars.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable given that the tax effect of the disputed additions was below the prescribed monetary limit.

DCIT vs Videocon Telecommunication Ltd… | ITAT Mumbai 2019

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI MANOJ KUMAR AGGARWAL

For Appellant: Shri Mayank Chauhan

For Respondent: Shri Chaudhary Arunkumar Singh, Shri Mayank Chauhan

Date of Hearing – 15.05.2019 Date of Order – 24.05.2019

O R D E R PER SAKTIJIT DEY. J.M.

The aforesaid appeal has been filed by the Revenue challenging the order dated 15th March 2018, passed by the learned Commissioner (Appeals)–8, Mumbai, pertaining to the assessment year 2012–13.

At the outset, learned Authorised Representative submitted that the tax effect on the disputed additions / disallowances, which are the 2 Videocon Telecommunication Ltd.

subject matter of the present appeal, is below the monetary limit of ` 20 lakh. In this regard, learned Authorised Representative submitted the working of the tax effect on the amount disputed by the Revenue in the present appeal.

The learned Departmental Representative fairly agreed that the tax effect on the issues disputed in the present appeal is below the monetary limit of ` 20 lakh.

We have considered rival submissions and perused the material on record. As could be seen from the grounds raised by the Revenue, it has challenged the decision of learned Commissioner (Appeals) in respect of deletion of three additions made by the Assessing Officer aggregating to ` 51,89,911. As per the working of tax effect filed before us by the learned Authorised Representative, the total tax effect on the aforesaid additions/disallowances disputed in the present appeal works out to ` 16,03,682. Thus, the tax effect on the disputed issues arising in the present appeal is less than the monetary limit of ` 20 lakh fixed by the CBDT Circular no.3/2018, dated. 11.07.2018. In view of the aforesaid, the captioned appeal of the Revenue is not maintainable, hence, liable to be dismissed.

3 Videocon Telecommunication Ltd.

In the result, Revenue’s appeal is dismissed. Order pronounced in the open Court on 24.05.2019

DCIT - 3(3)(2), MUMBAI vs. VIDEOCON TELECOMMUNICATION LTD. (FORMERLY KNOWN AS DATACOM SOLUTIONS LTD.), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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