ASST CIT CEN CIR 8(2), MUMBAI vs. RESHMA J SHETTY, MUMBAI

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ITA 3494/MUM/2015Status: DisposedITAT Mumbai21 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 the appeal was not maintainable due to the low tax effect, as per the applicable CBDT circular. Therefore, the appeal was dismissed in limine.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2007-08. The assessee's AR pointed out that the tax effect was below the threshold limit for appeals as per a CBDT circular. The Revenue's DR conceded this fact.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect and the applicability of CBDT Circular No. 3/2018.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” Bench, Mumbai

Before: Shri B.R. Baskaran (AM) & Shri Ravish Sood(JM)

For Appellant: Shri Bhupendra Shah
For Respondent: Shri Abhijit Patankar
Hearing: 21.8.2018Pronounced: 21.8.2018

O R D E R Per B.R. Baskaran (AM) :-

The appeal filed by the Revenue is directed against the order dated 30.3.2015 passed by the learned CIT(A)-47, Mumbai and it relates to A.Y. 2007-08.

2.

At the outset, learned AR, on the earlier occasion, submitted that the tax effect involved in this appeal is less than ` 20 lakhs and hence the Revenue is precluded from pursuing its appeal as per Circular No. 3/2018 dated 11.7.2018. When this as pointed out to learned DR, the learned CIT-DR sought time on the last occasion to examine this fact. Accordingly, this appeal was adjourned on the earlier occasion and posted today.

3.

Today, the Learned CIT-DR fairly admitted that the tax effect involved in this appeal is less than ` 20 lakhs and further informed that the issue agitated in this appeal does not fall in any of the exception provided in paragraph 10 of the Circular.

2 Ms. Reshma J. Shetty

4.

In view of the above, the present appeal is not maintainable as per Circular cited above. Accordingly, we dismiss the same in limine.

5.

In the result, appeal filed by the Revenue is dismissed.

Order has been pronounced in the Court on 21.8.2018.

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