ITO WD 3(3), KALYAN vs. NAKUL JANA PATIL, DOMBIVALI

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ITA 3845/MUM/2016Status: DisposedITAT Mumbai04 September 2018AY 2011-122 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 held that the appeal had to be dismissed in terms of CBDT Circular No. 03/2018, which specifies a monetary limit for appeals. Therefore, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) for AY 2011-12, which arose from an order passed by the Assessing Officer. The tax effect involved in the appeal was less than Rs. 20 lakhs.

What were the issues?

The primary issue was whether the appeal should be dismissed based on the tax effect and the applicability of CBDT Circular No. 03/2018.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

Before: SHRI SANDEEP GOSAIN, JM & SHRI N.K. PRADHAN, AM Shri Nakul Jana Patil

For Appellant: Shri Rashmikant C. Modi, A.R
For Respondent: Shri Sachchidanand Dube, D.R, Shri Rashmikant C. Modi, A.R

PER SANDEEP GOSAIN, JM:

The appeal filed by the Revenue pertaining to assessment year 2011-12 is directed against an order passed by CIT(A)-3, Mumbai dated 31.03.2016, which in turn, arises out of an order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) dated 21.03 .2014. 2. At the outset, it is noticed that the tax effect involved in this appeal is less than Rs.20.00 lacs. The CBDT vide Circular No.03/2018 [F. No.

P a g e | 2 ITA No. 3845/Mum/2016 AY. 2011-12 Income Tax officer, Ward-3(3) Vs. Shri Nakul Jana Patil 279/MISC.142/2007-IT) (PT)] dated 11.07.2018 is applicable to the appeal. Hence, the appeal be dismissed in terms of Circular No. 3/2018 (F. No. 279/MISC.142/2007-IT (PT)] dated 11.07.2018. 3. After hearing both the parties and perusing the material on record, we find that the tax effect in the 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-IT) (PT)] dated 11/07/2018. We, therefore following the circular issued by the CBDT, dismiss the appeal filed the revenue.

3.

In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on 04.09.2018 (N.K. Pradhan) (Sandeep Gosain) ACCOUNTANT MEMBER JUDICIAL MEMBER भुंफई Mumbai; ददनांक 04.09.2018 Ps. Rohit आदेश की प्रनिलऱपि अग्रेपषि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. प्रत्मथी / The Respondent. 2. आमकय आमुक्त(अऩीर) / The CIT(A)- 3. आमकय आमुक्त / CIT 4. ववबागीम प्रतततनधध, आमकय अऩीरीम अधधकयण, भुंफई /

5.

DR, ITAT, Mumbai गार्ड पाईर / Guard file. 6. सत्मावऩत प्रतत //// आदेशधिुसधर/ BY ORDER, उि/सहधयक िंजीकधर (Dy./Asstt.

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