What did the Tribunal hold?

The Tribunal noted that the tax effect was below Rs. 20 Lakhs, which is the monetary limit for filing appeals as per CBDT Circular No. 03/2018. Therefore, the appeal was deemed not maintainable.

The Revenue filed an appeal before the ITAT for AY 2010-11. The assessee did not appear for the hearing. The Revenue's representative could not establish that the tax effect exceeded Rs. 20 Lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT circular.

ITO vs Nitin P. Chheda | ITAT Mumbai 2019

Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI

Before: SHRI A.K. GARODIA

For Appellant: Shri Vijay Kumar Soni, DR

This appeal is filed by the Revenue and the same is directed against the order of the Commissioner of Income Tax(Appeals)-40, Mumbai, dated 01-01-2018 for the AY. 2010-11.

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,

: 3 : ITA No. 3074/Mum/2018 in future. At the same time, I also make it clear that if the appeal falls in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order, if so, advised.

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.

Order pronounced in the open court on 1st day of February, 2019

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

What did the Tribunal hold?

What were the facts?

What were the issues?

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