DCIT 30(3), MUMBAI vs. VINEET S AGRAWAL, MUMBAI

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ITA 2701/MUM/2015Status: DisposedITAT Mumbai23 November 2017AY 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 dismissed the appeal as not maintainable. This was based on the CBDT Circular No. 21/2015, which revised monetary limits for filing appeals, making appeals with a tax effect below Rs. 10.00 lac not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) concerning the assessment year 2011-12. The Departmental Representative submitted that the 'tax effect' involved in the appeal was less than Rs. 10.00 lacs.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable given the 'tax effect' involved, in light of the revised monetary limits set by the CBDT.

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, ‘B’ BENCH, MUMBAI

Before: SHRI G.S.PANNU, AM & SHRI RAVISH SOOD, JM

For Respondent: Shri T.A. Khan, Sr. A.R

आदेश / O R D E R

PER RAVISH SOOD, JUDICIAL MEMBER

1.

The captioned appeal filed by the revenue pertaining to assessment year 2011-12 is directed against the order passed by the CIT(A)-41, Mumbai, dated 25.02.2017, which in itself arises from the P a g e | DCIT Vs. Shri Vineet S. Agrawal order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’), dated 19.02.2014.

2.

That at the very outset of the hearing of the appeal it was submitted by the ld. Departmental Representative (for short ‘D.R.’) that ‘tax effect’ involved in this appeal was less than Rs.10.00 lacs.

3.

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 lac specified in the CBDT Circular, dated 10.12.2015 (supra), therefore, the same is dismissed as not maintainable.

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