What did the Tribunal hold?

The Tribunal noted that the tax effect was below the revised monetary limit for filing appeals as per CBDT Circular No. 21/2015. Therefore, the appeal was dismissed as not maintainable.

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2008-09. The tax effect involved in the appeal was less than Rs. 10.00 lacs.

What were the issues?

Whether the appeal filed by the Revenue is maintainable considering the tax effect involved and the revised monetary limits prescribed by the CBDT.

ACIT vs Mumbai Sez Ltd | ITAT Mumbai 2018

Income Tax Appellate Tribunal, MUMBAI BENCH “B”, MUMBAI

Before: SHRI R.C SHARMA & SHRI RAVISH SOOD

For Appellant: Shri Madhur Agarwal,A.R

For Respondent: Shri Suman Kumar,D.R

Hearing: 03/05/2018Pronounced: 03/05/2018

ORDER PER RAVISH SOOD, J.M:

The captioned appeal filed by the Revenue pertaining to assessment year 2008-09 is directed against the order passed by CIT(A)-41, Mumbai, dated 31.01.2014, which in turn, arises out of an order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’), dated 29.12.2010.

2 ACIT vs. M/s Mumbai Sez Ltd.- Assessment Year 2009-10 2. At the outset, it is noticed that the tax effect involved in this appeal is less than Rs.10.00 lacs. The CBDT vide its Circular No.21/2015, dated 10/12/2015 has revised the monetary limits for filing of appeals by the Department before the Tribunal, retrospectively. Since the tax effect in dispute in the captioned appeal is stated to be below the monetary limit of Rs.10.00 lacs specified in the CBDT Circular dated 10/12/2015, therefore, the same is dismissed as not maintainable.

In the result, appeal of the Revenue is dismissed.

ACIT CC 39, MUMBAI vs. MUMBAI SEZ LTD, MUMBAI

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What were the facts?

What were the issues?

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