DCIT CIR 2, KALYAN vs. GURUMUKHDAS N KHUBCHANDANI, ULHASNAGAR

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ITA 95/MUM/2017Status: DisposedITAT Mumbai12 July 2018AY 2010-113 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The Tribunal dismissed the appeal as withdrawn/not pressed, citing the CBDT circular that revised monetary limits for departmental appeals. The Revenue was granted liberty to refile if exceptions applied.

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 limits for filing appeals set by a CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue was maintainable given the revised monetary limits prescribed by the CBDT circular. The applicability of exceptions to the monetary limits was also a consideration.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H”, MUMBAI

Before: SHRI G.S.PANNU & SHRI PAWAN SINGH

For Appellant: Ms. Pooja Swaroop
For Respondent: Shri S.M.Makhija
Hearing: 12/07/2018Pronounced: 12/07/2018

ORDER PER G.S.PANNU,A.M:

The captioned appeal filed by the Revenue pertaining to assessment year 2010-11 is directed against an order passed by CIT(A)-3, Mumbai dated 24/10/2016, which in turn arises out of an order passed by the Assessing Officer under section 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short ‘the Act’) dated 30/09/2014.

2.

The CBDT vide Circular No.3/2018 dated 11/07/2018 has revised the monetary limits 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 Rs.20.00 lacs specified in the CBDT Circular dated 11/07/2018 (supra).

3.

In this background, Ld. Departmental Representative appearing for the Revenue was required to state her position; she 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 circular(supra).

4.

Without going into the merit of the issues raised in the captioned appeal, this appeal is deemed to be withdrawn/not pressed as it’s filing is in contravention of the CBDT Circular dated 11/07/2018(supra). Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para – 10 of the Circular (supra).

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