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

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ITA 3829/MUM/2014Status: DisposedITAT Mumbai03 May 2018AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

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

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessment year in question was 2009-10. The tax effect involved in the appeal was less than Rs. 10.00 lacs.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the Tribunal given the tax effect and the CBDT circular on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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 2009-10 is directed against the order passed by CIT(A)-41, Mumbai, dated 26.02.2014, 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 28.12.2011.

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.

3.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on 03/05/2018

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