Income-tax Officer-12(1)(1), Mumbai v. AMBFS Pvt. Ltd
[Citation -2019-LL-0826-12]

Citation 2019-LL-0826-12
Appellant Name Income-tax Officer-12(1)(1), Mumbai
Respondent Name AMBFS Pvt. Ltd.
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 26/08/2019
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags quantum addition • low tax effect
Bot Summary: The aforesaid appeal by revenue contest the order of learned first appellate authority on certain grounds of appeal. The 2 matter is proceeded with ex-parte qua the assessee in view of the fact that the appeal is stated to be covered by recent low tax effect circular issued by CBDT. 2. Upon further appeal, Ld. CIT(A) provided relief to the extent of Rs.139.78 Lacs, against which the revenue is in further appeal before us. Government of India, Ministry of Finance, Department of Revenue and therefore, the appeal is not maintainable. The Ld. Departmental Representative is unable to point out any exceptions in the appeals as provided in para-10 of Circular no. We have gone through the circular and find that the tax effect of quantum in dispute in the appeal is below prescribed limit of Rs.50 Lacs and the assessee 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 Monetary Limit matters 1 Before Appellate Tribunal 50.00,000 3 2 Before High Court 1,00.00,000 3 Before Supreme Court 2,00.00,000 The aforesaid limits, as per para 13 of the Circular no. At the same time, a liberty is given to revenue to seek recall of the appeal, if at a later stage, it is found that the matter is covered by any exceptions provided in the aforesaid circular or in case the tax effect of the quantum additions as agitated by revenue exceeds the prescribed monetary limit.


IN INCOME TAX APPELLATE TRIBUNAL BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM I.T.A. No.489/Mum/2017 (Assessment Year:2011-12) Income Tax Officer-12(1)(1) M/s. AMBFS Pvt. Ltd. nd Shop No.1 Room No.226, 2 floor Akurli Saptashrungi CHS Ltd. Aaykar Bhavan, M.K. Road MHADA Road No.1 Mumbai-400 020 Vs. Lokhandawala Complex Akurli Road, Kandivali (East) Mumbai-400 101. L .PAN/GIR No. AAACA-8736-G (Appellant) (Respondent) Appellant by Shri Manoj Kumar Ld. DR RS Q Respondent by None 26/08/2019 Date of Hearing 26/08/2019 Date of Pronouncement ORDER Manoj Kumar Aggarwal (Accountant Member):- 1. aforesaid appeal by revenue contest order of learned first appellate authority on certain grounds of appeal. None has appeared for assessee and no valid adjournment application is on record. Therefore, 2 matter is proceeded with ex-parte qua assessee in view of fact that appeal is stated to be covered by recent low tax effect circular issued by CBDT. 2. Upon perusal of quantum assessment order, it transpires that assessee was saddled with quantum additions aggregating to Rs.146.24 Lacs. Upon further appeal, Ld. CIT(A) provided relief to extent of Rs.139.78 Lacs, against which revenue is in further appeal before us. From perusal of same, prima facie, it appears that tax effect of quantum addition being contested by revenue is below threshold monetary limit of Rs.50 Lacs as prescribed by Central Board of Direct Taxes in its recently issued Circular No.17/2019 dated 08/08/2019 [F.No.279/Misc.142/2007-TTJ(Pt.) Government of India, Ministry of Finance, Department of Revenue] and therefore, appeal is not maintainable. This recent circular further enhances monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. Ld. Departmental Representative is unable to point out any exceptions in appeals as provided in para-10 of Circular no. 3 of 2018 dated 11/07/2018. 3. We have gone through circular and find that tax effect of quantum in dispute in appeal is below prescribed limit of Rs.50 Lacs and assessee stood benefitted by above circular issued by CBDT wherein minimum monetary limit for filing appeals before various appellate authorities have been fixed as under: - S. No. Appeals/ SLPs in Income-tax Monetary Limit (Rs.) matters 1 Before Appellate Tribunal 50.00,000 3 2 Before High Court 1,00.00,000 3 Before Supreme Court 2,00.00,000 aforesaid limits, as per para 13 of Circular no. 3 of 2018 dated 11/07/2018, applies to pending appeals also. In view of admitted position, we dismiss appeal. 4. At same time, liberty is given to revenue to seek recall of appeal, if at later stage, it is found that matter is covered by any exceptions provided in aforesaid circular or in case tax effect of quantum additions as agitated by revenue exceeds prescribed monetary limit. 5. Resultantly, appeal stands dismissed. Order pronounced in open court on 26th August, 2019. Sd/- Sd/- (Saktijit Dey) (Manoj Kumar Aggarwal) Judicial Member Accountant Member Mumbai; Dated 26/08/2019 Sr.PS:-Jaisy Varghese F H Copy of Order forwarded to 1. Appellant 2. RS Respondent 3. CIT(A) 4. CIT concerned 5. R DR, ITAT, Mumbai 6. Guard File 4 BY ORDER, (Dy. Asstt.Registrar) , ITAT, Mumbai. Income-tax Officer-12(1)(1), Mumbai v. AMBFS Pvt. Ltd
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