INCOME TAX OFFICER 21(2)(2), MUMBAI vs. MADHURI A LOKAPUR, MUMBAI

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ITA 4398/MUM/2018Status: DisposedITAT Mumbai25 October 2018AY 2013-143 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 CBDT Circular No. 03/2018 revised the monetary limits for filing appeals. Since the tax effect was below the revised limit, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order passed by the CIT(A) concerning a penalty under Section 271(1)(c). The tax effect involved in the appeal was less than Rs. 20.00 lacs.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal considering the revised monetary limits prescribed by the CBDT.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, D Bench, Mumbai

Before: Shri Shamim Yahya & Shri Ravish Sood

For Appellant: Shri Harsh Agrawal, D.R
For Respondent: Shri Chaitanya Anjana, A.R
Hearing: 25.10.2018Pronounced: 25.10.2018

O R D E R

Per Ravish Sood, JM

1.

The captioned appeal filed by the Revenue pertaining to assessment year 2013-14 is directed against the order passed by CIT(A)-33, Mumbai, dated 24.04.2018, which in turn arises from the order passed by the Assessing Officer under Sec.271(1)(c) of the Income Tax Act, 1961 (in short ‘the Act’), dated 29.09.2016.

2.

On a perusal of the record, it stands revealed that the tax effect involved in this appeal is less than Rs.20.00 lacs. The ld. Departmental Representative (for short ‘D.R’) on being confronted admitted the said factual position.

3.

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 appeal is admittedly below the monetary limit of P a g e | ITO-21(2)(2) Vs. Madhuri A. Lokapur Rs.20.00 lacs specified in the CBDT Circular No. 03/2018, dated 11/07/2018, therefore, the same is dismissed as not maintainable.

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