INCOME TAX OFFICER-11(2)(2), MUMBAI vs. SHIVAM PUBLICITY PRIVATE LIMITED, MUMBAI

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ITA 5300/MUM/2017Status: DisposedITAT Mumbai07 August 2018AY 2008-093 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The Tribunal dismissed the appeal as withdrawn/not pressed. This was based on the CBDT circular revising monetary limits for appeals, which the current appeal did not meet.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect in dispute was below the revised monetary limit set by a CBDT circular. The Revenue's representative did not provide any material to show the appeal was an exception to the circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable in light of the revised monetary limits prescribed by the CBDT circular. Whether the appeal falls under any of the exceptions provided in the circular.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI G.S.PANNU & SHRI PAWAN SINGH

For Appellant: Shri S.K.Bepari
For Respondent: Shri Poojan Mehta
Hearing: 07/08/2018Pronounced: 07/08/2018

ORDER PER G.S.PANNU,A.M:

The captioned appeal filed by the Revenue pertaining to assessment year 2008-09 is directed against an order passed by CIT(A)- 18, Mumbai dated 27/04/2017, which in turn arises out of an order passed by the Assessing Officer under section 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short ‘the Act’) dated 10/12/2015.

2.

The CBDT vide Circular No. 3/2018 dated 11.07.2018 has revised the monetary limits 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 Rs.20.00 lacs specified in the CBDT Circular dated 11.07.2018 (supra).

3.

In this background, the Ld. Departmental Representative appearing for the Revenue was required to state his position; he has not referred to any material which would show that the captioned appeal is protected by any of the exceptions provided in para 10 of the circular (supra).

4.

Without going into the merit of the issues raised in the captioned appeal, this appeal is deemed to be withdrawn/not pressed as it’s filing is not in consonance with the CBDT Circular dated 11.07.2018 (supra). Before parting, we clarify here that if on a later date requisite material is brought to show that the appeal is protected by any of the exceptions prescribed in para 10 of the Circular (supra), then the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal. The Tribunal shall consider such application in accordance with the extant law.

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