ITO 15(2)(1), MUMBAI vs. INDO HYDRAULICS (BOMBAY ) P. LTD, MUMBAI

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ITA 2655/MUM/2017Status: DisposedITAT Mumbai13 August 2018AY 2009-102 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 Tribunal held that the appeal of the revenue was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 3/2018. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect involved in the appeal was calculated to be Rs. 18,51,900/-. The Departmental Representative conceded that this amount was less than the revised monetary limit for filing appeals before the Tribunal.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal considering the revised monetary limits for filing appeals as per CBDT Circular No. 3/2018.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal under Section 253 of Income-tax Act is directed against the order of ld. CIT(A)-24, Mumbai dated 25.01.2017 for Assessment Year 2009-10. 2. The CBDT vide its Circular No. 3/2018 dated 11th July 2018 has revised the monitory limit for filing appeal before Tribunal. Miss Sham

1.

in Furtado, ld. AR appeared on behalf of the assessee and filed the working of tax effect of Rs.18,51,900/-, involved in the present appeal. The Departmental Representative (DR) after going through the working of tax effect furnished by ld. AR of the assessee, conceded that the tax effect involved in the present case is less than Rs. 20,00,000/-. The appeal is not covered by any exception clause provided in the Circular No. 3/2018 dated 11th July 2018. Considering the instruction of CBDT in Circular No. 3/2018 dated Mum 17-Ms Indo Hydraulics (Bombay) Pvt. Ltd.

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