ACIT 20(2), MUMBAI vs. PRINCE INDUSTRIES, MUMBAI

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ITA 2106/MUM/2016Status: DisposedITAT Mumbai06 August 2018AY 2009-104 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 held that the tax effect of the disputed quantum was below the prescribed limit of Rs. 20 Lacs as per CBDT Circular No. 03/2018. Therefore, the revenue's appeals were not maintainable.

What were the facts?

The revenue filed appeals against relief granted to the assessee for AYs 2009-10 and 2010-11. The tax effect of the relief was below the monetary limit prescribed by a CBDT circular for filing appeals.

What were the issues?

Whether the revenue's appeals are maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY, JM & SHRI MANOJ KUMAR AGGARWAL, AM

Heard together (2 matters)

I.T.A. No.2106/Mum/2016
I.T.A. No.2107/Mum/2016

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

1.

Aforesaid appeals by revenue for Assessment Years [AY] 2009-10 & 2010-11 contest separate orders of Ld. First appellate authority qua certain relief provided to the assessee. The assessee has been assessed for both the AYs u/s 143(3) vide orders dated 27/12/2011 and 28/03/2013.

2.

The Ld. Authorized Representative for assessee, Shri K. Gopal, at the outset drew our attention to the fact that Ld. first appellate authority provided relief of Rs.49.26 Lacs for AY 2009-10 and Rs.58.52 Lacs for AY 2010-11, against which the revenue is in further appeal before us. It is further submitted that the tax effect of the same for each of the AY is less than the prescribed monetary limit of Rs.20 Lacs and the same is covered by recently issued low tax effect Circular No.03/2018 dated 11/07/2018 issued by Central Board of Direct Taxes [CBDT]. The working for both the years have been placed on record by way of tabular chart. The Ld. DR, Shri Rajeev K. Gubgotra, has controverted the same by submitting that necessary instructions / certificate, in this regard, would be required from higher authorities. 3. We have gone through the circular and find that the tax effect of quantum in dispute for both the AYs is below prescribed limit of Rs.20 Lacs and the assessee stood benefitted by the above circular issued by CBDT wherein the minimum monetary limit for filing the appeals before various appellate authorities have been fixed as under:-

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