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Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, JM & SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R
Per Bench 1. The bunch of captioned appeals by revenue for various Assessment Years contest separate orders of Ld. first appellate authority qua certain relief provided to the captioned assessees. All these appeals have been listed today in the wake of recently issued low tax effect Circular No.03/2018 dated 11/07/2018 by Central Board of Direct Taxes [CBDT] and therefore, disposed-off by way of this common order for the sake of convenience and brevity.
Our attention has been drawn to the fact that tax effect of quantum additions / penalty as agitated by the revenue in all these appeals is less than the threshold limit of Rs.20 Lacs and therefore, 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 Ld. DR, Shri Rajeev K.Gubangotra, while conceding the aforesaid fact, submitted that necessary instructions / certificates, in this regard, would be required from higher authorities as prescribed.
We have gone through the circular and find that the tax effect for quantum in dispute in all these appeals is below prescribed limit of Rs.20 Lacs and the assessees 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:- S. No. Appeals/ SLPs in Income-tax matters Monetary Limit (Rs.) 1 Before Appellate Tribunal 20.00,000 2 Before High Court 50.00,000 3 Before Supreme Court 1,00.00,000 The aforesaid limits, as per para-13 of the circular apply to pending appeals also. Further as per para-4 of the said circular, tax effect mean quantum of penalty deleted or reduced in the order to be appealed against. In view of the stated position, we dismiss the bunch of revenue’s appeal. 4. So far as the contention raised by Ld. DR is concerned, we find that aforesaid circular does not envisage obtaining of any certificate from any authorities, in any manner. Nevertheless, the revenue is free to move appropriate application to recall this order, if at a later stage, it is found that the matter is covered by any exceptions provided in the aforesaid circular or the tax effect on the amounts involved in the appeals is above the threshold limit of Rs. 20 Lacs. 5. Resultantly, the bunch of captioned appeals stand dismissed. Order pronounced in the open court on 03rd August, 2018 Sd/- Sd/- (Saktijit Dey) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 03.08.2018 Sr.PS:-Thirumalesh आदेश की �ितिलिप अ�ेिषत / Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6. आदेशानुसार/ BY ORDER,