ACIT-12(2)(2), MUMBAI vs. GIRIRAJ CIVIL DEVELOPERS PRIVATE LIMITED, MUMBAI

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ITA 4249/MUM/2017Status: DisposedITAT Mumbai10 October 2018AY 2008-093 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect in both appeals was less than Rs. 20 lacs. Following CBDT Circular No. 03/2018, which revised monetary limits for appeals, the appeals were dismissed as not maintainable.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for assessment years 2008-09 and 2010-11. The Departmental Representative sought to withdraw the appeals.

What were the issues?

Whether appeals filed by the revenue are maintainable when the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI B.R BASKARAN, AM & SHRI RAVISH SOOD, JM

For Appellant: Shri. Nishant Samaiya

सुनवाई की तायीख / : 14.08.2018 Date of Hearing घोषणा की तायीख / : 10.10.2018 Date of Pronouncement आदेश / O R D E R

PER RAVISH SOOD, JUDICIAL MEMBER:

1.

The present appeals filed by the revenue are directed against the respective orders passed by the CIT(A)-20, Mumbai, dated. 27.03.2017 and 29.03.2017, which in turn arises from the orders passed by the A.O under Sec. 143(3) r.w.s 147 of the Income Tax Act, 1961 (for short ‘Act’), dated. 15.02.2016 for A.Y. 2008-09 and A.Y 2010-11, respectively.

2.

The ld. Departmental Representative (for short ‘D.R’) at the very outset of the hearing of the appeal submitted, that as the tax effect involved in both of the aforementioned apples was less than Rs. 20 lacs, thus, the revenue ACIT Vs. Giriraj Civil Developers Pvt. Ltd 2 & 4193/Mum/2017 – A.Ys 2008-09 & 2010-11 has filed letters dated 25.07.2018 (filed on 30.07.2018) for withdrawing the said appeals. 3. We have perused the letters dated 25.07.2018 (filed on 30.07.2018) of the A.O, requesting for withdrawal of the aforementioned appeals as the ‘tax effect’ involved in the said respective appeals was less than Rs. 20.00 lacs. 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 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.

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