DCIT 6(2), MUMBAI vs. KRYSTAL COLLOIDS P.LTD, MUMBAI

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ITA 3723/MUM/2013Status: DisposedITAT Mumbai10 August 2018AY 2009-103 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The Tribunal, applying the CBDT Circular dated 11.07.2018, deemed the appeals as withdrawn/not pressed. The Revenue was granted liberty to approach the Tribunal for re-institution if exceptions applied.

What were the facts?

The Revenue filed appeals against orders of the CIT(A) for assessment years 2008-09 and 2009-10. The tax effect in dispute was below the revised monetary limit for filing appeals as per CBDT Circular No. 3/2018.

What were the issues?

Whether the appeals filed by the Revenue were in consonance with the revised monetary limits for filing appeals as per the CBDT Circular.

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 “A”, MUMBAI

Before: SHRI G.S.PANNU & SHRI RAM LAL NEGI

For Appellant: Shri Himanshu Sharma
For Respondent: Shri Vijay Mehta/Govind Zaveri
Hearing: 10/08/2018Pronounced: 10/08/2018

Heard together (2 matters)

ITA No.3723/Mum/2013
ITA No.3725/Mum/2013

Read from the judgment's own cause title. This page is filed under one of them.

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

The captioned appeals filed by the Revenue pertaining to assessment years 2009-10 and 2008-09 are directed against separate orders passed by CIT(A)-12, Mumbai dated 28/02/2013, which in turn arise out of orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) dated 13/12/2011 and 31/12/2010 respectively.

(A.Y. 2009-10) (A.Y. 2008-09) 2. 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. The tax effect in dispute in the captioned appeals are stated to be below the monetary limit of Rs.20.00 lacs specified in the CBDT Circular dated 11.07.2018 (supra).

3.

In this background, the Ld. Departmental Representative appearing for the Revenue was required to state his position; he has not referred to any material which would show that the captioned appeals are protected by any of the exceptions provided in para 10 of the circular (supra).

4.

Without going into the merit of the issues raised in the captioned appeals, they are deemed to be withdrawn/not pressed as their filing is not in consonance with the CBDT Circular dated 11.07.2018 (supra). Before parting, we clarify here that if on a later date requisite material is brought to show that the appeals are protected by any of the exceptions prescribed in para 10 of the Circular (supra), then the Revenue shall be at liberty to approach the Tribunal for re-institution of appeals. The Tribunal shall consider such application in accordance with the extant law.

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