DCIT CIR 2, KALYAN vs. NATIONAL LIQUORS, ULHASNAGAR

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ITA 6019/MUM/2017Status: DisposedITAT Mumbai10 August 2018AY 2008-092 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the appeals were filed below the revised monetary limit and were not covered by any exceptions. Therefore, the appeals were dismissed as withdrawn/not pressed.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for AY 2008-09 and 2013-14. The tax effect in dispute was below the revised monetary limit set by a CBDT circular.

What were the issues?

Whether the appeals filed by the Revenue are maintainable in light of the revised monetary limits for filing appeals as per CBDT Circular No. 3/2018.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

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 2008-09 & 2013-14 are directed against the orders passed by the CIT(A)-3, Thane, Mumbai which in turn arises out of an orders passed by the Assessing Officer under Section 144 r.w.s 147 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 & 6020/Mum/2017 M/s. National Liquors 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 Without going into the merit of the issue raised, the captioned appeals are deemed to be withdrawn/not pressed as their filing is not in consonance with the CBDT circular dated 11.07.2018 (supra).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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