IN INCOME TAX APPELLATE TRIBUNAL H , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH, JM ITA No.5362/Mum/2013 (Assessment Year :2009-10) Dy. Commissioner of Vs. M/s. Midas Foot Wears Pvt. Income Tax, Range (OSD)- Ltd., 8(1), Mumbai Lok Bhavan, Lok Bharti nd Room No.204, 2 Floor Complex, Marol Maroshi Aayakar Bhavan Road M.K. Road, Mumbai 400 Andheri (E) 020 Mumbai 400 059 PAN/GIR No.AAACM7674H (Appellant) (Respondent) Revenue by Shri Manoj Kumar Singh Assessee by None Date of Hearing 28/08/2019 Date of Pronouncement 18/09/2019 ORDER PER R.C.SHARMA (A.M): This is appeal filed by Revenue against order of CIT(A)- 17, Mumbai dated 10/05/2013 for A.Y.2009-10 in matter of order passed u/s.143(3) of Income Tax Act, 1961. 2. As per grounds of appeal, tax effect in respect of relief granted by ld. CIT(A) works out to be less than Rs. 50.00 lacs, therefore, in view of CBDT circular No. 17/2019 dated 08/08/2019 this appeal deserves to be dismissed. 2 ITA No5362/Mum/2013 M/s. Midas Footwears Pvt. Ltd., 3. CBDT Circular No. 17 of 2019 dated 08.08.2019 reads as under:- Further Enhancement of Monetary limits for filing of appeals by Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court - Amendment to Circular 3 of 2018 - Measures for reducing litigation. Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLPs in Income-tax Monetary Limit Monetary Limit matters (Rs.) (previous (Rs.) limit) (Revised Limit) Before Appellate Tribunal 20,00,000 50,00,000 Before High Court 50,00,000 1,00,00,000 Before Supreme Court 1,00,00,000 2,00,00,000 Assessing Officer shall calculate tax effect separately for every assessment year in respect of disputed issues in case of every assessee. If, in case of assessee, disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which tax effect in respect of disputed issues exceeds monetary limit. No appeal shall be filed in respect of assessment year or years in which tax effect is less than monetary limit. Further, even in case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of assessment year or years in which tax effect is less than monetary limit. In case where composite order/ judgment involves more than one assessee, each assessee shall be dealt with separately. 4. Since tax effect is less than Rs. 50.00 lacs, appeal of revenue deserves to be dismissed. Before parting with matter, it is made clear that department is at liberty to file Misc. application, if 3 ITA No5362/Mum/2013 M/s. Midas Footwears Pvt. Ltd., tax effect is found to be more than Rs. 50.00 lacs or case falls in any of exceptions of circular. 5. In result, appeal of revenue is dismissed. Order pronounced in open court on this 18/09/2019 Sd/- Sd/- (PAWAN SINGH) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 18/09/2019 Karuna Sr.PS Copy of Order forwarded to 1. Appellant 2. Respondent. 3. CIT(A), Mumbai. 4. CIT DR, ITAT, Mumbai 5. BY ORDER, 6. Guard file. (Asstt. Registrar) ITAT, Mumbai Dy. Commissioner of Income-tax, Range (OSD)- 8(1), Mumbai v. Midas Foot Wears Pvt. Ltd