ASST CIT (CIR) 6(2)(2), MUMBAI vs. ENCARE TEXTILES & PROPERTIS P. LTD, MUMBAI

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ITA 2346/MUM/2017Status: DisposedITAT Mumbai13 August 2018AY 2012-133 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 lakhs 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) concerning a penalty imposed under Section 271(1)(c). The tax effect in the Revenue's appeal was less than Rs. 20 lakhs.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 268A

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 R.C. Toshniwal
For Respondent: Shri Chaitanya Anjaria, Shri R.C. Toshniwal
Hearing: 03/08/2018Pronounced: 13/08/2018

आदेश / O R D E R PER R.C.SHARMA (A.M):

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