What did the Tribunal hold?

The Tribunal noted that the tax effect was below the threshold specified in CBDT Circular No. 3/2018. Therefore, following the circular, the appeal filed by the Revenue was dismissed.

The Revenue filed an appeal against the CIT(A)'s order for assessment year 2012-13. The assessee's representative pointed out that the tax effect was less than Rs. 20 lacs.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed based on the tax effect and CBDT Circular No. 3/2018.

DCIT vs Vijay Vasant Raut | ITAT Mumbai 2018

Income Tax Appellate Tribunal, MUMBAI BENCH “F”, MUMBAI

Before: SHRI RAJESH KUMAR & SHRI AMARJEET SINGH

For Appellant: Shri Aditya R. Ajgaonkar, A.R

For Respondent: Shri Rajeev Gubgotra, D.R

Hearing: 26.09.2018Pronounced: 26.09.2018

Per Rajesh Kumar, Accountant Member:

The present appeal has been preferred by the Revenue against the order dated 09.02.2017 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2012-13.

At the outset, the Ld. A.R. has submitted that tax effect involved in this appeal is less than Rs.20 lacs and the CBDT Circular No.3/2018 (F.No.279/MISC.142/2007-ITJ (PT).] dated 11.07.2018 is applicable to this appeal, hence, this appeal be dismissed in terms of Circular No.3/2018 (F.No.279/MISC.142/2007-ITJ (PT).] dated 11.07.2018.

2 Shri Vijay Vasant Raut 3. After hearing both the parties and perusing the material on record, we find that the tax effect in this appeal does not exceed Rs.20 lakhs and therefore the appeal has to be dismissed in terms of Circular No.3/2018 (F.No.279/MISC.142/2007-ITJ (PT).] dated 11.07.2018. We, therefore, following the circular issued by the CBDT, dismiss the appeal filed by the Revenue.

Order pronounced in the open court on 26.09.2018.

DCIT 2(1)(1), MUMBAI vs. VIJAY VASANT RAUT, MUMBAI

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