DCIT-21(3), MUMBAI vs. LATE SURESH K BHAGAT LEGAL HEIR MS.TANUJA J BHAGAT, MUMBAI

The captioned appeals filed by the Revenue pertaining to assessment years 2005-06 and 2006-07 are directed against the consolidated order passed by CIT(A)-33, Mumbai, dated 27.03.2018, which in turn arises from the respective orders passed by the Assessing Officer under Sec.143(3) of the Income Tax Act, 1961 (for short ‘the Act’), dated 28.03.2013 and 24.03.2014, respectively.

The ld. Departmental Representative (for short ‘D.R’) at the very outset of the hearing of the appeal submitted that the tax effect involved in both the appeals is less than Rs.20 lacs. It was thus submitted by the ld. D.R. that the aforementioned appeals as per CBDT Circular No. 03/2018, dated 11.07.2018 were not maintainable.

We find that the CBDT vide its Circular No.03/2018, dated 11/07/2018 has revised the monetary limits for filing of appeals by the P a g e | 2 & 3892/Mum/2018 AYs. 2005-06 & 2006-07 DCIT-21(3) Vs. Late Suresh K Bhagat Department before the Tribunal, retrospectively. Since the tax effect in dispute in the captioned appeals 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 are dismissed as not maintainable.