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

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.

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.