ACIT- CC-4(4) CR. 4, PR. CIT- (C)- 2, MUMBAI V. UMAX PACKAGING LTD,., MUMBAI

ITA 2554/MUM/2021

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0911 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 30-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL "F" BENCH, MUMBAI SHRI M. BALAGANESH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 2554/MUM/2021 (Assessment Year: 2013-14) Assistant Commissioner of Income Tax Central Circle-4(4), Mumbai, R. No. 1922, 19 th Floor, Air India Building, Nariman Point, Mumbai - 400021 [PAN: AAACU9291N] M/s Umax Packaging Limited, 215, Raheja Plaza, Off Veera Desai Road, Andheri (West), Mumbai - 400053 ................. Vs .................. Appellant Respondent Appearances For the Appellant/Assessee For the Respondent/Department : : None Shri Achal Sharma Date of conclusion of hearing Date of pronouncement of order : : 09.06.2022 02.09.2022 O R D E R Per Rahul Chaudhary, Judicial Member: 1. By way of the present appeal the Revenue has challenged the order, dated 23.02.2021, passed by the Ld. Commissioner of Income Tax (Appeals)-52 Mumbai, [hereinafter referred to as ‘the CIT(A)’] for the Assessment Year 2013-14, whereby the Ld. CIT(A) had allowed the appeal filed by the Assessee against the Assessment Order, dated 30.12.2016 passed under section 143(3) read with Section 153A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). ITA No. 2554/Mum/2021 Assessment Year: 2013-14 2 2. When appeal was taken up for hearing, none was present for the Assessee. However, we note that as per Form No. 36, the tax effect in the present appeal is INR 39,84,629/-. According to the Circular No. 17 of 2019, dated 08.08.2019, issued by the Central Board of Direct Taxes (CBDT) the monetary limit for filing departmental appeal before the Tribunal stands enhanced and departmental appeal is not be filed before the Tribunal in cases where the tax effect does not exceed the specified monetary limits of INR 50 Lakhs. The tax effect in the present appeal below the aforesaid specified monetary limit and therefore, the present appeal is dismissed as ‘withdrawn/not pressed’ in terms of the above-said circular. 3. However, in case on re-verification the Revenue comes to the conclusion that the tax effect is higher than the above-said specified monetary limit, or the appeal falls within the exemption clause as contained in Circular No.3/2018, dated 11-7-2018 as amended by the letter [F.No.279/Misc.142/2007-ITJ (PT)], dated 20-8-2018 then the Revenue would be at liberty to file Miscellaneous Application seeking recall the present order. The application should be filed within time limit prescribed in the Act. 4. In the result, this appeal is dismissed as withdrawn. Order pronounced on 02.09.2022. Sd/- Sd/- (M. Balaganesh) Accountant Member (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंक Dated : 02.09.2022 Alindra, PS ITA No. 2554/Mum/2021 Assessment Year: 2013-14 3 आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आिेश न स र/ BY ORDER, सत्य दपि प्रदि //True Copy// उप/सह यक पुंजीक र /(Dy./Asstt. Registrar) आयकर अपीलीय अदिकरण, म ुंबई / ITAT, Mumbai