Income Tax Appellate Tribunal - Mumbai
Dcit-21(3), Mumbai vs Late Suresh K Bhagat Legal Heir ... on 23 April, 2019
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ITA Nos. 3891 & 3892/Mum/2018 AYs. 2005-06 & 2006-07
DCIT-21(3) Vs. Late Suresh K Bhagat
IN THE INCOME TAX APPELLATE TRIBUNAL
"SMC" Bench, Mumbai
Before Shri Shamim Yahya, Accountant Member
and Shri Ravish Sood, Judicial Member
ITA Nos. 3891 & 3892/Mum/2018
(Assessment Years: 2005-06 & 2006-07)
DCIT-21(3), Late Suresh K Bhagat
Room No. 209, 2nd Floor, Legal Heir Ms. Tanuja J. Bhagat
Piramal Chambers, Lal Baug, 212, Jayant Villa, Vegetable Market
Vs.
Mumbai - 12 Worli Naka,
Mumbai
PAN - AABPB7958F
Appellant Respondent
Appellant by: Shri Chaitnya Anjaria, D.R
Respondent by: None
Date of Hearing: 23.04.2019
Date of Pronouncement: 23.04.2019
ORDER
Per Ravish Sood, JM
The captioned appeals filed by the Revenue pertaining to assessment years 2005-06 and 2006-07 are directed against the consolidated order passed by CIT(A)-33, Mumbai, dated 27.03.2018, which in turn arises from the respective orders passed by the Assessing Officer under Sec.143(3) of the Income Tax Act, 1961 (for short 'the Act'), dated 28.03.2013 and 24.03.2014, respectively.
2. The ld. Departmental Representative (for short 'D.R') at the very outset of the hearing of the appeal submitted that the tax effect involved in both the appeals is less than Rs.20 lacs. It was thus submitted by the ld. D.R. that the aforementioned appeals as per CBDT Circular No. 03/2018, dated 11.07.2018 were not maintainable.
3. We find that the CBDT vide its Circular No.03/2018, dated 11/07/2018 has revised the monetary limits for filing of appeals by the P a g e |2 ITA Nos. 3891 & 3892/Mum/2018 AYs. 2005-06 & 2006-07 DCIT-21(3) Vs. Late Suresh K Bhagat Department before the Tribunal, retrospectively. Since the tax effect in dispute in the captioned appeals is admittedly below the monetary limit of Rs.20.00 lacs specified in the CBDT Circular No. 03/2018, dated 11/07/2018, therefore, the same are dismissed as not maintainable.
4. In the result, both the appeals of the revenue are dismissed.
Order pronounced in the open court on 23.04.2019 Sd/- Sd/-
(Shamim Yahya) (Ravish Sood)
ACCOUNTANT MEMBER JUDICIAL MEMBER
भुंफई Mumbai; ददन ुंक 23.04.2019
Ps. Rohit
आदे श की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to :
1. अऩीर थी / The Appellant
2. प्रत्मथी / The Respondent.
3. आमकय आमक्त(अऩीर) / The CIT(A)-
4. आमकय आमक्त / CIT
5. विब गीम प्रतततनधध, आमकय अऩीरीम अधधकयण, भुंफई / DR, ITAT, Mumbai
6. ग र्ड प ईर / Guard file.
सत्म वऩत प्रतत //True Copy// आदे शानस ु ार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीऱीय अधिकरण, भुंफई / ITAT, Mumbai P a g e |3 ITA Nos. 3891 & 3892/Mum/2018 AYs. 2005-06 & 2006-07 DCIT-21(3) Vs. Late Suresh K Bhagat