DCIT 9(1)(2), MUMBAI vs. APTECH LTD, MUMBAI

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ITA 5918/MUM/2017Status: DisposedITAT Mumbai10 August 2018AY 2013-142 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 noted that the tax effect was below the monetary limit specified in the CBDT circular. As no exceptions were cited, the appeals were deemed withdrawn.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for assessment years 2013-14 and 2014-15. The tax effect in dispute was below the revised monetary limit for filing appeals set by a CBDT circular.

What were the issues?

Whether the Revenue's appeals should be dismissed for not meeting the revised monetary limit for appeals as per CBDT circular, in the absence of any exceptions.

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, L Bench, Mumbai

Before: Shri G.S. Pannu & Shri Pawan Singh

For Appellant: Shri Himanshu Sharma
Hearing: 10.08.2018Pronounced: 10.08.2018

Per G.S. Pannu, AM

1.

These captioned appeals filed by the Revenue pertaining to assessment years 2013-14 & 2014-15 are directed against the orders passed by the CIT(A)-16, Mumbai which in turn arises out of an orders passed by the Assessing Officer under Section 143(3) of the Income Tax Act, 1961.

2.

The CBDT, vide Circular No. 3/2018 dated 11.07.2018, has revised the monetary limit for filing of appeals by the Department before the Tribunal with retrospective effect. The tax effect in dispute in the captioned appeal is stated to be below the monetary limit of `20 lakhs specified in the CBDT Circular dated 11.07.2018 (supra).

3.

In this background, the learned D.R. 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 CBDT circular (supra).

2 & 5919/Mum/2017 M/s. Aptech Ltd.

4.

Without going into the merit of the issue raised, the captioned appeals are deemed to be withdrawn/not pressed as their filing is not in consonance with the CBDT circular dated 11.07.2018 (supra).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 may clarify that if on a later date, the Revenue finds that filing of the appeals is protected by the exceptions provided in para 10 of the CBDT circular (supra), it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeals for adjudication on merits. The Tribunal shall consider such application, if any, as per the extant law.

5.

In conclusion, by applying the CBDT circular dated 11.07.2018 (supra), the captioned appeals of the Revenue are dismissed as withdrawn/ not pressed.

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