ACIT 2(2)(2), MUMBAI vs. PERFECT ENGINEERING ASSOCIATES P. LTD, MUMBAI

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ITA 6771/MUM/2016Status: DisposedITAT Mumbai13 August 2018AY 2013-143 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 ITAT noted that CBDT Circular No. 3/2018 instructs that departmental appeals with a tax effect not exceeding Rs. 20 lacs should not be filed or pressed. As the present appeal fell within this limit and was not covered by any exceptions, it was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2013-14. The tax effect in the appeal was less than Rs. 20 lacs.

What were the issues?

Whether a departmental appeal is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D”, BENCH MUMBAI

Before: SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN, JM

For Appellant: Shri Hari S Raheja
For Respondent: Shri Chaitanya Anjaria, Shri Hari S Raheja
Hearing: 03/08/2018Pronounced: 13/08/2018

आदेश / O R D E R PER R.C.SHARMA (A.M): This is an appeal filed by the Revenue against the order of CIT(A) 5, Mumbai dated 10/08/2016 for A.Y.2013-14 in the matter of order passed u/s. 143(3) of the Income Tax Act, 1961. 2. We have heard ld. Departmental Representative and perused the materials available on the record in respect of the above appeal. It is observed that the demand/tax effect in the Revenue appeal is not exceeding Rs. 20 lacs. Under the power vested by sec. 268A(1) of the I T.

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