What did the Tribunal hold?

The Tribunal noted that the tax effect in each appeal was below the Rs. 10 lakh limit as per CBDT instruction. Therefore, the appeals filed by the Revenue were not maintainable.

The Revenue filed appeals before the ITAT, Mumbai. The assessee contended that the total tax effect in each appeal was below the prescribed monetary limit for filing appeals before the Tribunal.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT due to the tax effect being below the prescribed monetary limit.

ACIT vs Movie World Studio Ltd | ITAT Mumbai 2017

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

Before: Shri Joginder Singh, & Shri Ramit Kochar

For Respondent: Shri BalaKrishnan

Hearing: 06/04/2017

आदेश / O R D E R Per Joginder Singh (Judicial Member) This bunch of three appeals is by the Revenue against the impugned orders all dated 23/03/2011 of the Ld. First Appellate Authority, Mumbai.

During hearing of these appeals, at the outset, Shri Balakrishnan, ld. counsel for the assessee contended that in the respective appeal, the total tax effect is below prescribed monetary limit of Rs.10 lakh for filing the appeal before this Tribunal. The ld. CIT-DR, Shri N.P.Singh, did not controvert the factual matrix.

2.1. We have considered the rival submissions and perused the material available on record. In view of the above, it is noted that the tax effect in the respective appeal is below prescribed limit of Rs.10 lakh for filing the appeal before the Tribunal, as contained in CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc./142/2007- IT(PT), applicable with retrospective effect, wherein, the Department was advised/directed by the Board not to file appeal in the cases where the tax effect does not exceed the following monetary limit.:- Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No.

Before ITAT 10,00,000/- 2. U/s 260 A before Hon’ble High 20,00,000/- Court 3. Before Hon’ble Supreme Court 25,00,000/-

In view of the above instruction, since, the tax effect is less than Rs.10,00,000/-, consequently, the appeals of the Revenue are not maintainable, therefore, dismissed. Finally, the appeals of the Revenue are dismissed as not maintainable. This Order was pronounced in the open court in the presence of ld. representatives from both sides at the conclusion of the hearing on 06/04/2017. Sd/- Sd/-

(Ramit Kochar) (Joginder Singh) लेखा सद�य / ACCOUNTANT MEMBER �या�यक सद�य / JUDICIAL MEMBER मुंबई Mumbai; �दनांक Dated : 06/04/2017 f{x~{tÜ? P.S /�नजी स�चव आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to :

ACIT 11(1), MUMBAI vs. MOVIE WORLD STUDIO LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments