Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, MUMBAI BENCH “B”, MUMBAI
Before: SHRI CN PRASAD & SHRI RAMIT KOCHAR
आदेश / O R D E R
PER CN PRASAD, JM :
The appeal filed by the revenue is directed against the order dated 20.03.2013, passed by the Ld. CIT (Appeals)-17, Mumbai, for the assessment year 2004-05.
At the outset, the Ld. Counsel for the Assessee submitted that the tax 2. effect in this revenue’s appeal is less than Rs.10 lakhs and therefore in view of CBDT Circular No. 21/2015 dated 10.12.2015, the appeal is not maintainable. The Ld. DR fairly submits that the tax effect is less than Rs.10 lakhs.
2 M/s Melstar Information Technologies Ltd.
In this case the total addition made in the assessment order is Rs.21,82,550/- on account of unproved purchases. We found that as per the recent Circular No.21/2015,dated 10.12.2015, issued by the CBDT, the monetary limit has been revised for filing of appeal before ITAT by the revenue fixing the tax effect limit of Rs.10 lakhs. In the instant case, the tax effect is below Rs.10 lakhs, therefore the appeal of the revenue is not maintainable and liable to be dismissed in limine. This Circular is retrospective and applicable to the pending appeals also.
3. Considering the above CBDT Circular, we found that this appeal of the revenue is not maintainable as the tax effect in this appeal is below Rs.10 lakhs. Accordingly, we dismiss the appeal of the revenue.
In the result, appeal of revenue is dismissed.
Order has been pronounced in the Open Court on 8th day of May 2017.