ACIT 3(2)(1), MUMBAI vs. BHARATI S. KHANNA, MUMBAI

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ITA 1695/MUM/2017Status: DisposedITAT Mumbai03 August 2018AY 2012-133 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The Tribunal held that the appeals were not in consonance with the CBDT circular and were therefore deemed withdrawn or not pressed.

What were the facts?

The Revenue filed appeals before the ITAT for A.Y. 2012-13. The tax effect in dispute was below the revised monetary limit of ₹20 lakhs specified by a CBDT circular.

What were the issues?

Whether the Revenue's appeals should be dismissed for not meeting the revised monetary limits for filing appeals as per CBDT circular.

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 Sharan P. Khanna Shri Bharati S. Khanna

For Appellant: Shri Himanshu Sharma
For Respondent: Shri Prakash K. Jotwani
Hearing: 03.08.2018Pronounced: 03.08.2018

Per G.S. Pannu, AM

1.

These captioned appeals, in the case of different assessees, filed by the Revenue pertaining to A.Y. 2012-13 are directed against the separate orders passed by the CIT(A)-8, Mumbai dated 28.11.1016 & 18.11.2016 which in turn arise out of the orders passed by the Assessing Officer under Section 143(3) of the Income Tax Act, 1961 (hereinafter "the Act") dated 31.03.2015 & 06.04.2015, respectively.

2 & 1695/Mum/2017 Sharan P. Khanna & Bharati S. Khanna 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).

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Without going into the merit of the issue raised, the captioned appeal is deemed to be withdrawn/not pressed as it’s filing is not in consonance with the CBDT circular dated 11.07.2018 (supra).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 these appeals are 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 appeals 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 appeals of the Revenue are dismissed as withdrawn/ not pressed.

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