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Income Tax Appellate Tribunal, “D”, BENCH MUMBAI
Before: SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN, JM
IN THE INCOME TAX APPELLATE TRIBUNAL “D”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN, JM (Assessment Year :2004-05 ) DCIT - CC 3(1), Central Range Vs. M/s. Cineyug Media & Entertainment - 3, Room No.402, 4th Floor, Pvt. Ltd., (Formerly known as Cineyug Aayakar Bhavan, M.K. Road, Films Pvt. Ltd.,) Ground Floor, Eldora Mumbai-400020 Apts., Juhu Church Road, Juhu, Mumbai - 400 049 PAN/GIR No. AAACC5391H Appellant) .. Respondent) (Assessment Year :2005-06 ) DCIT - CC 3(1), Central Range Vs. M/s. Cineyug Entertainment - 3, Room No.402, 4th Floor, 301, Rose Apartment, Aayakar Bhavan, M.K. Road, Fatherwadi, Juhu Church Road, Mumbai-400020 Juhu, Mumbai - 400 049 PAN/GIR No. AAEFC4615K Appellant) .. Respondent) Revenue by Shri Chaitanya Anjaria Assessee by None Date of Hearing 03/08/2018 Date of Pronouncement 13/08/2018 आदेश / O R D E R PER R.C.SHARMA (A.M):
These are the appeals filed by the Revenue against the order of CIT(A) 51, Mumbai dated 10/09/2015 for A.Y. 2004-05 & 2005-06 in the matter of order passed u/s. 153A r.w.s 143(3)(ii) of the Income Tax Act, 1961.
We have heard ld. Departmental Representative and perused the materials available on the record in respect of the above appeals. It is observed that the demand/tax effect in the Revenue appeals is not exceeding Rs. 20 lakhs. Under the power vested by sec. 268A(1) of the I T. Act, CBDT has recently issued Circular No. 3/2018 dated 11.07.2018 instructing the authorities below that departmental appeal should not be filed before 1TAT where the demand/tax effect does not exceed Rs. 20 lakhs. The circular specifically mentions that the instructions are applicable to all pending appeals also.
Subject to some exceptions, it is further directed by CBDT that all the departmental appeals pending before ITAT where the demand/tax effect is less than 20 lakhs should be either withdrawn or not pressed by the Departmental representative.
The present appeals are not covered by any exceptions mentioned in the said CBDT circular. Since the tax demand in dispute in these departmental appeals does not exceed the limit of Rs. 20 lakhs as set out by CBDT, such appeals are not maintainable in view of fore goings. Accordingly the appeals of the Department are dismissed as not pressed/withdrawn and hence infructuous.