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

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ITA 3183/MUM/2017Status: DisposedITAT Mumbai26 September 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 CBDT Circular No. 03/2018 revised monetary limits for appeals. As the tax effect was below the revised limit, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT concerning assessment year 2008-09. The assessee's representative stated that the tax effect in the appeal was below Rs. 20.00 lacs.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the Tribunal given the tax effect and the revised CBDT circular on monetary limits.

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 & Shri Ravish Sood

For Appellant: Shri R.C. Modi &, Ms. Ketki Rajeshirke, A.R
For Respondent: Shri Nishant Samaiya, D.R, Shri R.C. Modi &, Ms. Ketki Rajeshirke, A.R
Hearing: 26.09.2018Pronounced: 26.09.2018

O R D E R

Per Ravish Sood, JM

1.

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.

2.

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.

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 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.

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