ACIT 15(3), MUMBAI vs. UMAID HERITAGE ENTERPRISES, MUMBAI

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ITA 7194/MUM/2011Status: DisposedITAT Mumbai03 August 2018AY 2007-082 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 since the tax effect was below the prescribed monetary limit, the appeal was not maintainable. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. Both the Revenue's representative (DR) and the Assessee's representative (AR) conceded that the tax effect involved in the appeal was below the monetary limit prescribed by the CBDT.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by the CBDT.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

Before: SHRI G.S. PANNU, AM & SHRI PAWAN SINGH, JM

For Appellant: Shri M.C. Ningshen (DR)
For Respondent: Shri Nitesh Joshi & Vipul Mody-(AR)
Hearing: 03/08/2018Pronounced: 03/08/2018

आदेश / O R D E R

Per Pawan Singh , Judicial Member:

1.

This appeal by revenue is directed against the order of ld. Commissioner of Income-tax(Appeals)-26, Mumbai [ld. CIT(A)] dated 05/08/2011 for Assessment Year 2007-08. At the outset the Ld. DR and the ld. AR conceded that the tax effect involved in the present case is less than the monetary limit Rs.20,00,000/- as prescribed by the CBDT vide Circular No.3/2018 dated 11th July, 2018. Hence, the Revenue is precluded from filing /pursuing the appeal before the Tribunal .

2.

We have considered the submissions of both parties. Since the tax effect involved in appeal for Assessment Year 2007-08 is less than Rs. 20,00,000/-, considering the contention of both the parties, this appeal is dismissed as not maintainable u/s. 268A in view of the latest notification of Central Board of Direct Taxes (CBDT), vide Circular No. 3/2018 dated 11th July 2018.

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