DCIT 13(3)(1), MUMBAI vs. CHETAN R SHAH, MUMBAI

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ITA 1066/MUM/2018Status: DisposedITAT Mumbai10 August 2018AY 2014-154 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 in these appeals was below the monetary limit prescribed by the CBDT for filing appeals. The Departmental Representative conceded that the appeals were not maintainable.

What were the facts?

The Revenue filed appeals before the ITAT against orders of the CIT(A) which had deleted additions made to the income of various assessees. The tax effect of the relief granted by the CIT(A) was below Rs. 20 lacs.

What were the issues?

Maintainability of Revenue's appeals before the ITAT due to low tax effect as per CBDT guidelines.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 3/2018

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA, AM & SHRI RAM LAL NEGI, JM

Hearing: 10.08.2018Pronounced: 10.08.2018

O R D E R Per Shamim Yahya, A. M.:

These are appeals by the Revenue by the assessee against the respective orders of the ld. Commissioner of Income Tax (Appeals) against the separate assessee’s for the concerned assessment year.

3 Chetan R. Shah & others

2.

The Revenue is in appeal against the deletion of addition by the ld. Commissioner of Income Tax (Appeals).

3.

At the outset, it transpires that the tax effect of the relief granted by the ld. Commissioner of Income Tax (Appeals) is below Rs.20 lacs, as per the limit fixed by the CBDT for filing the appeal before the ITAT vide CBDT Circular No. 3/2018, F. No. 279/Misc.142/2007-ITJ (Pt) dated 11th July, 2018 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India.

4.

We have gone through the order of the ld. Commissioner of Income Tax (Appeals) and the grounds of appeal. It has been found that the tax effects in the appeals are less than Rs. 20 lacs.

5.

The ld. Departmental Representative fairly agreed to the above proposition that these appeals are not maintainable in light of the above said CBDT Circular. He also did not point that these appeals fall in the exceptions carved out in the above said circular.

Accordingly, these appeals filed by the Revenue stands dismissed.

6.

In the result, these appeals by the Revenue stands dismissed.

Order pronounced in the open court on 10.08.2018

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