What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeals in limine as the tax effect was below the threshold specified in CBDT Circular No. 3/2018. The Revenue was given liberty to move a miscellaneous application if the issue fell under exceptions to the circular.

The Revenue filed appeals against orders of the CIT(A) granting relief to the assessees. The quantum of dispute in these appeals was less than Rs. 20.00 lakhs.

What were the issues?

Whether the Revenue's appeal should be pursued when the tax effect is below the threshold stipulated by CBDT Circular No. 3/2018 and the issue does not fall under any exceptions.

ITO13(3)(4) vs Trimurti Heights and Properties… | ITAT Mumbai 2018

Heard together (2 matters)

I.T.A. No.680/Mum/2018

I.T.A. No.1195/Mum/2018

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

These appeals were heard ex-parte. We noticed that the quantum in dispute involved in these appeals is as given below and hence the tax effect involved therein is less than Rs.20.00 lakhs. Sr.No Name of Assessee Quantum in Dispute Penalty Amount 1 Trimurti Heights & Properties 33,41,151/- - Pvt. Ltd 2 Systematic Industries P. Ltd. 50,00,000/- - The CBDT has issued a new Circular No.3/2018 dated 11.07.2018 in supersession of its earlier Circular No.21/2015 dated 10.12.2015. According to the Circular No.3/2018, the revenue is precluded from pursuing its appeal if the tax effect is Rs.20.00 lakhs or less. Apparently the issue in dispute does not fall in any of the exceptions provided in paragraph 10 of the Circular No.3/2018, referred above. The Ld D.R, however, sought time to get a certificate from the PCIT/CIT concerned that the grounds urged in this appeal does not fall under any of the exceptions specified in the said circular. However, from the available material, he could not point out that the issue contested in this appeal fall in any of the exceptions.

We have noticed that the tax effect involved in this appeal is less than Rs.20.00 lakhs and the issue contested herein also apparently does not fall in any of the exceptions specified in the Circular. Accordingly we dismiss the appeal of the revenue in limine. However, the revenue is given liberty to move miscellaneous application seeking recall of this order, if it is found that the issue contested in this appeal falls in any of the exception provided in paragraph 10 of the Circular. 4. In the result, all the appeals of the revenue are dismissed. Order pronounced in the open court on 10.08.2018. Sd/- Sd/- (AMARJIT SINGH) (B. R. BASKARAN) न्यधनिक सदस्य/JUDICIAL MEMBER लेखध सदस्य / ACCOUNTANT MEMBER मुंबई Mumbai; दिनांक Dated : 10.08.2018. Vijay

ITO13(3)(4), MUMBAI vs. TRIMURTI HEIGHTS AND PROPERTIES P.LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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