ASST CIT 10(3)(2), MUMBAI vs. PROCTER & GAMBLE HOME PRODUCTS LTD, MUMBAI

PDF · subscribers
ITA 3488/MUM/2015Status: DisposedITAT Mumbai12 April 2017AY 2008-093 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 held that as per CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 lakhs are not maintainable. Since the tax effect in this case was below the threshold, the appeal was dismissed.

What were the facts?

The revenue filed an appeal before the ITAT against the order of the CIT(Appeals) for AY 2008-09. The assessee pointed out that the tax effect in the appeal was less than Rs. 10 lakhs.

What were the issues?

Maintainability of revenue's appeal before the ITAT due to low tax effect as per CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “I”, MUMBAI

For Appellant: Shri R.A. Dhyani
For Respondent: Ms. Moksha Mehta
Hearing: 09/02/2017Pronounced: 12/04/2017

O R D E R

PER CN PRASAD, JM :

1.

The appeal filed by the revenue is directed against the order dated 18.03.2015, passed by the Ld. CIT (Appeals)-57, Mumbai, for the assessment year 2008-09.

2.

At the outset, the Ld. Counsel for the Assessee submitted that the tax 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. A statement showing the working of tax effect is also furnished before us. The Ld. DR fairly submits that the tax effect is less than Rs.10 lakhs.

M/s Procter & Gamble Home Products Ltd.

3.

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.

4.

In the result, appeal of revenue is dismissed.

Order has been pronounced in the Open Court on 12th April 2017.

Sd/- Sd/- (RAJENDRA) (C.N.PRASAD) लेखा सदस्य / न्याधयक सदस्य / ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Date : 12th April 2017 LR, SPS

M/s Procter & Gamble Home Products Ltd.

Recent GST High Court judgments

Search GST case law →