ITO 29 (2)(4), MUMBAI vs. NITIN P. CHHEDA, MUMBAI

This appeal was fixed for hearing on 30-01-2019. On this date, none appeared on behalf of the assessee in spite of : 2 : ITA No. 3074/Mum/2018 notice and hence, the appeal of Revenue was heard ex-parte qua the assessee.

At the outset, it was pointed out by the Bench to the Ld. DR of the Revenue that the tax effect in the present case appears to be below Rs. 20 Lakhs. In reply, the Ld. DR of the Revenue could not show that the tax effect in this appeal is more than Rs. 20 Lakhs.

Therefore, the CBDT Circular No. 03/2018 dated 11-07- 2018 comes into play, wherein, the monetary limit for filing the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide Para 3 of the said circular (supra), it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs. 20 lakhs, appeals should not be filed. Thus taking note of CBDT Circular No. 03/2018, dated 11-07-2018 and considering the fact that the tax effect in the instant appeal is less than Rs. 20 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, I make it clear that the issues raised in the instant appeal are left open to be examined in the appropriate proceedings, if arises,

Accordingly, in the light of CBDT Circular No. 03/2018 dated 11-07-2018, the present appeal is not maintainable and hence, dismissed.

In the result, the appeal of Revenue is dismissed.