INCOME TAX OFFICER 19(1)(1) MUMBAI, INCOME TAX vs. ALISHA GIRISH AGARWAL, MUMBAI

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ITA 3579/MUM/2023Status: DisposedITAT Mumbai29 May 2024Bench: SHRI NARENDER KUMAR CHOUDHRY (Judicial Member), SMT. RENU JAUHARI (Accountant Member)1 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 noted that the CBDT circulars prescribed a monetary limit of Rs. 50 lakhs for filing appeals. As the tax effect in this case was less than the prescribed limit, the appeal was deemed not maintainable.

What were the facts?

The Revenue Department filed an appeal against an order passed by the National Faceless Appeal Center for AY 2016-17. The tax effect involved in the appeal was Rs. 12,48,000.

What were the issues?

Maintainability of the appeal due to the tax effect being below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

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

Before: SHRI NARENDER KUMAR CHOUDHRY & SMT. RENU JAUHARI

For Appellant: Shri Sameer Agarwal, A.R
For Respondent: Shri C.T. Mathews, Sr. D.R

Per : Narender Kumar Choudhry, Judicial Member:

This appeal has been preferred by the Revenue against the order dated 07.08.2023, impugned herein, passed by the National Faceless Appeal Center (NFAC)/Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) under section 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2016-17.

2.

Admittedly tax effect, as appears in column No.10 of form No.36 filed by the Revenue Department is Rs.12,48,000/-. The CBDT vide Circular No.3/2018 dated 11.07.2018 succeeded with Circular No.17/2019, F. No. 279/Misc.142/2007-ITJ(Pt.) dated 08.08.2019 has prescribed the monetary limit i.e. Rs.50 lakhs, therefore, considering the fact that tax effect involved in the instant case is less than the monetary limit fixed for filing the appeal before the Tribunal, this appeal is not maintainable.

3.

In the result, instant appeal filed by the Revenue Department stands dismissed as withdrawn.

Order pronounced in the open court on 29.05.2024.

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