DCIT CIR. 2(2)(1), MUMBAI vs. LAKSHMIWADI MINES & MINERALS P. LTD., MUMBAI

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ITA 876/MUM/2017Status: DisposedITAT Mumbai03 August 2018AY 2011-122 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The Tribunal dismissed the appeals as withdrawn/not pressed, stating that their filing was not in consonance with the CBDT circular. The Revenue can approach the Tribunal for recall if exceptions apply.

What were the facts?

The Revenue filed appeals before the ITAT. The tax effect in dispute was below the revised monetary limit for filing appeals as per CBDT Circular No. 3/2018.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, L Bench, Mumbai

Before: Shri G.S. Pannu & Shri Pawan Singh

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

The captioned appeals filed by the Revenue pertaining to A.Y. 2009-10 are directed against the order passed by the CIT(A)-5, Mumbai dated 01.11.2016 which in turn arise out of separate orders passed by the Assessing Officer under Section 143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter "the Act") dated 26.02.2015 and 14.03.2014 respectively.

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).

2 M/s. Lakshmiwadi Mines & Minerals P. Ltd.

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Without going into the merit of the issue raised, the captioned appeal is deemed to be withdrawn/not pressed as it’s filing is not in consonance with the CBDT circular dated 11.07.2018 (supra).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 appeals of the Revenue are dismissed as withdrawn/ not pressed.

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