ACIT 32(1), MUMBAI vs. GUJARAT CONSTRUCTION, MUMBAI

The captioned appeal filed by the Revenue pertaining to assessment year 2008-09 is directed against the order passed by CIT(A)-44, Mumbai, dated 27.02.2017, which in turn arises from the order passed by the Assessing Officer under section 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short ‘the Act’), dated 23.02.2016.

At the outset, the ld. Authorized Representative (for short ‘A.R’) for the assessee submitted that the tax effect involved in this appeal is less than Rs.20.00 lacs. The ld. Departmental Representative (for short ‘D.R’) did not controvert the said factual position.

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 P a g e | ACIT-32(1) Vs. M/s Gujarat Construction dispute in the captioned appeal 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 is dismissed as not maintainable.