ACIT CIR. 21(2), MUMBAI vs. MADHULI CO-OPERATIVE HOUSING SOCIETY LTD., MUMBAI

PDF · subscribers
ITA 5138/MUM/2016Status: DisposedITAT Mumbai18 April 2018AY 2011-123 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 threshold limit specified in CBDT Circular No. 21/2015. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2011-12. The tax effect in the appeal was found to be below Rs. 10 lakhs.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below Rs. 10 lakhs is maintainable in light of CBDT Circular No. 21/2015.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

Before: SHRI R .C. SHARMA, AM & SHRI SANDEEP GOSAIN, JM

For Appellant: Shri M. C. Omi Ningshen, DR

आदेश / O R D E R

Per Sandeep Gosain, Judicial Member:

1.

The present appeal filed by the revenue is directed against the order dated 17.05.16 of Commissioner of Income Tax (Appeals)-33, Mumbai (hereinafter called as the CIT(A) for assessment year 2011-12.

2. First of all, it is noticed that none has appeared on behalf of assessee in spite of several calls and even no application for adjournment was moved. On the other hand Ld. DR is present in the court and is ready with arguments. Therefore we Madhuli Co-Operative Housing Society Ltd. have decided to proceed with the hearing of the case ex-parte with the assistance of the Ld. DR and the material placed on record.

2.

At the outset, we noticed that the tax effect in this appeal is below Rs.10.00 lakhs. We also noticed towards the chart containing particulars of the total tax impact. The tax computation on the same as per V. G. Mehta’s Income Tax Ready Reckoner for AY 2009-10 is Rs. 9,88,194.44/- i.e. less than 10 lakhs and further submitted that in view of the CBDT Circular No.21/2015, dated 10.12.2015 brought out by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, the appeal was not maintainable and be dismissed.

3.

We have heard Ld. DR and perused the material on record. Although Ld. DR has not disputed the chart containing the particulars of total tax impact and further we also find from the records before us that the tax involved in the disputed issue is below Rs.10 Lacs and therefore, in view of the circular no 21/2015 dated 10th December, 2015 no appeals should be filed by the Revenue before the Tribunal which has tax effect of Rs. 10.00 lacs or less and this circular is also applicable retrospectively to all pending appeals. The relevant extract the said CBDT Circular (Supra) is as under:- “This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals

Madhuli Co-Operative Housing Society Ltd. before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

4.

Considering the above, the appeal filed by the Revenue, is therefore dismissed.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 18th April, 2018. Sd/- Sd/- (R. C. Sharma) (Sandeep Gosain) लेखा सदस्य / Accountant Member न्याययक सदस्य / Judicial Member मुंबई Mumbai; यदनांक Dated : 18.04.2018 Sr. PS Dhannajay आदेश की प्रनिनिनि अग्रेनर्ि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent 3. आयकर आयुक्त(अपील) / The CIT(A) आयकर आयुक्त / CIT – concerned 4. यवभागीय प्रयतयनयध, आयकर अपीलीय अयधकरण, मुंबई / DR, ITAT, Mumbai 5. गार्ड फाईल / Guard File 6. आदेशधिुसधर/ BY ORDER,

Recent GST High Court judgments

Search GST case law →