DCIT- 3(2)(2), Mumbai v. Kaltech Energies Ltd
[Citation -2019-LL-0909-99]

Citation 2019-LL-0909-99
Appellant Name DCIT- 3(2)(2), Mumbai
Respondent Name Kaltech Energies Ltd.
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 09/09/2019
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: These two appeal by revenue under section 253 of Income Tax Act are directed against the separate orders of ld. Authorized representative of the assessee submitted that the tax effect involved in the present appeals are less than the monetary limit prescribed by CBDT in its Circular No.17/2019 dated 8th August 2019, therefore both the appeals are liable to be dismissed. Departmental Representative for the revenue after going through the grounds of appeal fairly submits that though the tax effect involved in the present appeals are less than the monetary limit of tax ITA No.5564 6005 Mum 2018-M/s Kaltech Energies Ltd. effect fixed by CBDT in a recent circular the revenue may be given liberty to get the appeal revived in case at the later stage it is discovered that the ground of appeal are covered by any exception clause of CBDT Circular No. 3/2018 dated 11th July 2018. Representatives of the parties, we find that tax effect involved in the present appeals are less than the monetary limit of Rs. 50,00,000/- fixed by CBDT Circular No. 17/2019 dated 8th August 2019 the appeal of revenue are dismissed being not maintainable. The revenue is given liberty to get the appeals revived in case, if it is discovered that the present appeals are covered by any exception clause of CBDT Circular No.3/2018 dated 11th July 2018. In the result, both the appeals of the revenue are dismissed. Order pronounced in the open court on this 09/09/2019.


IN INCOME TAX APPELLATE TRIBUNAL, H BENCH MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA No. 5564/Mum/2018 for Assessment Years: 2012-13 ITA No. 6005/Mum/2018 for Assessment Years: 2014-15 DCIT- 3(2)(2), M/s Kaltech Energies Ltd. th Room No. 608, 6 Floor, Bakhtawar, 4th Floor, Aayakar Bhawan, M.K. Road, Vs Nariman Point, Mumbai-400021. Mumbai-400020. PAN : AAACK4702A (Appellant) (Respondent) Appellant by : Shri S.S. Michael Jerald (Sr. DR) Respondent by : Shri Ruturaj H. Gurjar (AR) Date of Hearing : 09/09/2019 Date of Pronouncement : 09/09/2019 Order under section 254(1) of Income Tax Act PER BENCH: 1. These two appeal by revenue under section 253 of Income Tax Act are directed against separate orders of ld. Commissioner of Income Tax (Appeals)-8, [CIT(A)], Mumbai dated 19.07.2018 & 20.08.2018, for Assessment Year 2012-13 & 2014-15 respectively. 2. At outset of hearing, ld. Authorized representative (AR) of assessee submitted that tax effect involved in present appeals are less than monetary limit prescribed by CBDT in its Circular No.17/2019 dated 8th August 2019, therefore both appeals are liable to be dismissed. 3. On other hand, ld. Departmental Representative (DR) for revenue after going through grounds of appeal fairly submits that though tax effect involved in present appeals are less than monetary limit of tax ITA No.5564 & 6005 Mum 2018-M/s Kaltech Energies Ltd. effect fixed by CBDT in recent circular, however, revenue may be given liberty to get appeal revived in case at later stage it is discovered that ground of appeal are covered by any exception clause of CBDT Circular No. 3/2018 dated 11th July 2018. 4. Considering submissions of both ld. representatives of parties, we find that tax effect involved in present appeals are less than monetary limit of Rs. 50,00,000/- fixed by CBDT Circular No. 17/2019 dated 8th August 2019, therefore, appeal of revenue are dismissed being not maintainable. However, revenue is given liberty to get appeals revived in case, if it is discovered that present appeals are covered by any exception clause of CBDT Circular No.3/2018 dated 11th July 2018. 5. In result, both appeals of revenue are dismissed. Order pronounced in open court on this 09/09/2019. Sd/- Sd/- (SHAMIM YAHYA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Date: 09.09.2019 SK Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT BY ORDER Assistant Registrar ITAT Mumbai 2 DCIT- 3(2)(2), Mumbai v. Kaltech Energies Ltd
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