ASST CIT 8(1)(2), MUMBAI vs. SEA LINKERS P.LTD, MUMBAI

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ITA 3180/MUM/2017Status: DisposedITAT Mumbai06 September 2017AY 2010-113 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 Departmental Representative submitted that the tax effect involved in the appeal was less than Rs. 10.00 lacs. Following CBDT Circular No. 21/2015, the Tribunal dismissed the appeal as not maintainable due to the low tax effect.

What were the facts?

The revenue filed an appeal before the ITAT against an order of the CIT(A). The appeal pertained to the assessment year 2010-11. The Assessing Officer had passed an order under section 143(3) r.w.s. 147 of the Act.

What were the issues?

Whether the appeal filed by the revenue is maintainable before the Tribunal given the tax effect below the revised monetary limits prescribed by the CBDT.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘L’ BENCH, MUMBAI

Before: SHRI RAJENDRA, AM & SHRI RAVISH SOOD, JM

For Respondent: Shri M.V. Rajguru, D.R

आदेश / O R D E R

PER RAVISH SOOD, JUDICIAL MEMBER

1.

The captioned appeal filed by the revenue pertaining to assessment year 2010-11 is directed against the order passed by the CIT(A)-14, Mumbai, dated 28.02.2017, which in itself arises from the P a g e | ACIT Vs. M/s. Sea Linkers Pvt. Ltd. order passed by the Assessing Officer under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short ‘the Act’), dated 11.03.2016.

2.

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

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