ITO 3(3)(3), MUMBAI vs. SWIFT INDIA P.LTD, MUMBAI

ITA 2801/MUM/2017Status: DisposedITAT Mumbai28 August 2018AY 2011-122 pages

AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the tax effect in the appeal was below the revised monetary limits for filing appeals as per a CBDT circular. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). During the hearing, the Departmental Representative sought withdrawal of the appeal.

What were the issues?

Whether the appeal filed by the Revenue should be withdrawn due to the tax effect being below the revised monetary limits prescribed by the CBDT.

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, MUMBAI BENCH “J”, MUMBAI

Before: SHRI G.S.PANNU & SHRI RAVISH SOOD

For Appellant: Shri Abdul Hakeen

Hearing: 28/08/2018Pronounced: 28/08/2018

ORDER PER G.S.PANNU,A.M:

The captioned appeal filed by the Revenue pertaining to assessment year 2011-12 is directed against an order passed by CIT(A)- 58, Mumbai dated 31/01/2017, 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 25/03/2014.

The CBDT vide Circular No. 3/2018 dated 11.07.2018 has revised the monetary limits for filing of appeals by the Department before the Tribunal with retrospective effect. At the time of hearing the Ld. Departmental Representative has referred to a communication by ITO, Ward 3(3)(3), Mumbai dated 20/08/2018 seeking withdrawal of the appeal as the tax effect in the impugned appeal is below the limit specified in CBDT Circular dated 11/07/2018(supra).

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