What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was based on the submission that the tax effect was below the monetary limit prescribed by the CBDT circular, which was applicable retrospectively.

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee was M/s. Modern Abodes Pvt. Ltd. for the assessment year 2013-2014.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the ITAT given the tax effect and the applicability of CBDT circulars.

ITO vs Modern Abodes P.Ltd | ITAT Mumbai 2017

Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI

Before: Shri Shamim Yahya

For Appellant: Shri B.Satyanarayana Raju

Hearing: 18.05.2017

O R D E R This appeal by the assessee is directed against order of learned CIT(A) dated 29.09.2016 and pertains to assessment year 2013-2014.

At the outset, the learned Departmental Representative submitted before me that the tax effect pertaining to the amounts disputed by the Revenue is less than the monetary limit of Rs.10 lakh fixed by the CBDT in Circular NO.21 of 2015 dated 10th December, 2015, in relation to appeal before the Income Tax Appellate Tribunal. Taking into consideration the aforesaid submissions of the learned DR and also finding that the CBDT Circular under reference applies retrospectively, even to pending appeals, I dismiss the appeal filed by the Revenue, as not maintainable.

In the result, the appeal filed by the Revenue stands dismissed.

Order pronounced on this 05th day of June, 2017. Sd/- (Shamim Yahya) लेखा सद�य सद�य / ACCOUNTANT MEMBER मुंबई Mumbai; �दनांक Dated :05th June, 2017. Devdas* आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��यथ� / The Respondent. 2. आयकर आयु�त(अपील) / The CIT, Mumbai. 3. आयकर आयु�त / CIT(A)-20, Mumbai 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, मुंबई / DR, 5. ITAT, Mumbai गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy// उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील�य अ�धकरण, मुंबई / ITAT, Mumbai

Initial Date 1. Draft dictated on 19.05.2017 Sr.PS 2. Draft placed before author 19.05.2017 Sr.PS 3. Draft proposed & placed before the second JM/AM member 4. Draft discussed/approved by Second Member. JM/AM 5. Approved Draft comes to the Sr.PS/PS Sr.PS/PS 6. Kept for pronouncement on 05.06.17 Sr.PS 7. File sent to the Bench Clerk Sr.PS 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order. 11. Draft dictation sheets are attached Sr.PS

ITO 12(3)(4), MUMBAI vs. MODERN ABODES P.LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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