ITO-33(2)(5), MUMBAI, MUMBAI vs PARUL HEMANT PATEL, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH “C”, MUMBAI

BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND
SHRI RAJESH KUMAR, ACCOUNTANT MEMBER

ITA NO. 7436/MUM/2018 : A.Y : 2011-12

Income Tax Officer – 33(2)(5),
Mumbai. (Appellant)
CO NO. 271/MUM/2019
(in ITA NO. 7436/MUM/2018) : A.Y : 2011-12

Vs.

Smt. Parul Hemant Patel
502, Panchsheel Heights CHSL,
Mahavir Nagar, Kandivali (W),
Mumbai 400 067.
PAN : AAFPP9357C (Respondent)

Smt. Parul Hemant Patel
502, Panchsheel Heights CHSL,
Mahavir Nagar, Kandivali (W),
Mumbai 400 067.
PAN : AAFPP9357C
(Cross-objector/Org. Respondent)

Vs.

Income Tax Officer – 33(2)(5),
Mumbai.
(Respondent/Org. Appellant)

Assessee by : Shri Rajesh Kothari
Revenue by : Shri Uodal Raj Singh
Date of Hearing : 14/10/2020
Date of Pronouncement : 14/10/2020

O R D E R

PER SHRI VIKAS AWASTHY, JM :
This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-45, Mumbai (in short ‘the CIT(A)’) dated 07.09.2018 for the Assessment Year 2011-12.

2. Shri Rajesh Kothari appearing on behalf of the assessee pointed at the outset that the tax effect in the appeal is approximately Rs. 48 lacs, hence, the present appeal of the Revenue is liable to be dismissed on account of low tax effect in view of CBDT Circular No. 17/2019 dated 08.08.2019. 

3. Shri Uodal Raj Singh representing the Department fairly admitted that the tax effect in the present appeal is less than the monetary limit prescribed by the Board for filing of appeals by the Department before the Tribunal. 

4. Both sides heard. It is an undisputed fact that the tax effect in the appeal is less than the monetary limit prescribed by the Board for filing of appeals before the Tribunal by the Department. The CBDT vide circular dated 08.08.2019 (supra) has amended Para 3 of Circular No. 3 of 2018 dated 11.07.2018 thereby enhancing monetary limit of tax effect from Rs.20 lacs to Rs.50 lacs for filing of appeals by the Department before the Tribunal. Thus, without going into merits of the issue raised in the appeal, the present appeal by the Revenue is dismissed on account of low tax effect.

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