Revenue’s appeal, prima-facie, is not maintainable in terms of low tax effect

Last updated: 18 January 2021

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The Income Tax Appellate Tribunal has dismissed an appeal filed by the Revenue department. This decision was made because the tax effect of the disputed addition was below the monetary limit of £50 Lakhs, as per CBDT's Circular No. 17/2019. The tribunal noted a typographical error in the appeal form but proceeded with the case. The Revenue is granted liberty to seek recall if exceptions apply or the tax effect exceeds the limit.

Court :
ITAT Mumbai

Brief :
Aforesaid appeal by revenue for Assessment Year 2014-15 contest the order of learned first appellate authority on certain grounds of appeal. Upon perusal of Form-36, it is noted that thename of the assessee has erroneously been written as Shri HiralalM.Jain. However, assessee’s particulars in Authorization Memo have correctly been written. Therefore, finding mere typographical error in Form No.36, we ignore the same and proceed to disposeoff the appeal.

Citation :
I.T.A. No.3908/Mum/2019

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

BEFORE HON’BLE SHRI C.N. PRASAD, JM AND
HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
(Hearing Through Video Conferencing Mode)

I.T.A. No.3908/Mum/2019
Assessment Years: 2014-15)

ITO-19(1)(4)
215, Matru Mandir
Mumbai – 400007
PAN/GIR No. AABPG2439C
Appellant)

Vs.

Dhirajlal Premji Gala
A-1104, Surya Apartment
53, Bhulabhai Desai Road
Mumbai-400 026
Respondent)

Assessee by : None
Revenue by : Shri Gurbinder Singh-Ld. Sr. DR

Date of Hearing : 28/12/2020
Date of Pronouncement : 28/12/2020

O R D E R

PER MANOJ KUMAR AGGARWAL (AM)

1. Aforesaid appeal by revenue for Assessment Year 2014-15 contest the order of learned first appellate authority on certain grounds of appeal. Upon perusal of Form-36, it is noted that thename of the assessee has erroneously been written as Shri HiralalM.Jain. However, assessee’s particulars in Authorization Memo have correctly been written. Therefore, finding mere typographical error in Form No.36, we ignore the same and proceed to disposeoff the appeal.

2. At the time of hearing, none appeared for assessee. However, the matter was proceeded with since the revenue’s appeal, prima-facie, is not maintainable in terms of low tax effectcircular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007- TTJ(Pt.) issued by CBDT.

3. We find that the tax effect of disputed addition is below threshold monetary limit of Rs.50 Lacs and the appeal is notmaintainable in terms of recently issued low tax effect Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.) issued by CBDT. This recent circular further enhances themonetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. In view of the same, the appeal is not maintainable.

4. At the same time, a liberty is given to revenue to seek recallof the appeal, if at a later stage, it is found that the matter iscovered by any exceptions provided in any of the circular or in case the tax effect in the appeal exceeds the prescribed monetary limit.

5. In the result, the appeal stands dismissed.

Order pronounced on 28th December, 2020.

Sd/- Sd/-
(C.N.Prasad) (Manoj Kumar Aggarwal)
Judicial Member Accountant Member

MumbaiDated : 28/12/2020
Sr.PS, Sudip Sarkar

Copy of the Order forwarded to :
1.The Appellant
2.The Respondent
3.The CIT(A)
4. CIT– concerned
5.DR, ITAT, Mumbai
6. Guard File

BY ORDER,
(Dy./Asstt.Registrar)
ITAT, Mumbai.

FAQ :

The appeal was dismissed because the tax effect of the disputed addition was below the monetary threshold of £50 Lakhs, as stipulated by CBDT Circular No. 17/2019 concerning low tax effect appeals.

The monetary limit for low tax effect appeals, as per CBDT Circular No. 17/2019, is £50 Lakhs. This limit was enhanced from previous circulars.

Yes, the name of the assessee was erroneously written in Form-36. However, the tribunal considered it a mere typographical error and proceeded to dispose of the appeal.

Yes, the Revenue has been given the liberty to seek a recall of the appeal if it's found to fall under any exceptions mentioned in the circular or if the tax effect later exceeds the prescribed monetary limit.