ACIT CIR 3(1)(1), MUMBAI vs. DYNATRON SERVICES P. LTD, MUMBAI

ITA 5830/MUM/2016Status: DisposedITAT Mumbai08 August 2018AY 2012-132 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 dismissed the appeal filed by the Revenue. This was based on the CBDT Circular No. 3/2018, which sets a monetary limit for filing appeals before the ITAT.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order which deleted additions made by the AO. The tax effect of the relief granted by the CIT(A) was below Rs. 20 lacs.

What were the issues?

The primary issue was the maintainability of the appeal before the ITAT due to the tax effect being below the prescribed monetary limit by the CBDT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “I”, MUMBAI

Before: SHRI SHAMIM YAHYA (AM) & SHRI RAM LAL NEGI (JM)

For Respondent: Shri Chaudhary Arun Kumar Singh

Hearing: 08/08/2018Pronounced: 08/08/2018

O R D E R PER RAM LAL NEGI, JM This appeal has been filed by the revenue against the order dated 29.07.2016 passed by the Commissioner of Income Tax (Appeals) (for short ‘the CIT(A), for the assessment year 2012-13, whereby the Ld. CIT(A) has deleted the additions made by the AO.

At the outset, it transpired that in the aforesaid case, 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.

2 Assessment Year: 2012-13

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