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

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.