ITO 2(2)(3), MUMBAI vs. ASHOK KUMAR SHIVHARSH PANDEY, NAVI MUMBAI

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ITA 1214/MUM/2016Status: DisposedITAT Mumbai03 August 2018AY 2010-112 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal decided that the appeal was not in consonance with the CBDT circular regarding monetary limits for appeals. Therefore, the appeal was dismissed as withdrawn/not pressed.

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 for filing appeals specified by a CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable in light of the revised monetary limits for filing appeals prescribed by the CBDT.

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, L Bench, Mumbai

Before: Shri G.S. Pannu & Shri Pawan SinghShri Ashok Kumar Shivharsh

For Appellant: Shri Himanshu Sharma
Hearing: 03.08.2018Pronounced: 03.08.2018

The captioned appeal filed by the Revenue pertaining to A.Y. 2010-11 is directed against the order passed by the CIT(A)-5, Mumbai dated 10.12.2015 which in turn arises out of an order passed by the Assessing Officer under Section 143(3) of the Income Tax Act, 1961 (hereinafter "the Act") dated 25.03.2013.

2.

The CBDT, vide Circular No. 3/2018 dated 11.07.2018, has revised the monetary limit 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 `20 lakhs specified in the CBDT Circular dated 11.07.2018 (supra).

3.

In this background, the learned D.R. 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 CBDT circular (supra).

Shri Ashok Kumar Shivharsh Pandey 4. Without going into the merit of the issue raised, the captioned appeal is deemed to be withdrawn/not pressed as it’s filing is not in consonance with the CBDT circular dated 11.07.2018 (supra).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 may clarify that if on a later date, the Revenue finds that filing of the appeal is protected by the exceptions provided in para 10 of the CBDT circular (supra), it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, if any, as per the extant law.

5.

In conclusion, by applying the CBDT circular dated 11.07.2018 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/ not pressed.

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