DCIT 1(1)(1), MUMBAI vs. ALMET HEALTHCARE P.LTD, MUMBAI

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ITA 4403/MUM/2015Status: DisposedITAT Mumbai04 April 2017AY 2009-103 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 the appeals were not maintainable as per CBDT Circular No. 21/2015, which sets a monetary limit of Rs. 10 lakhs for revenue appeals. The circular is retrospective and applies to pending appeals.

What were the facts?

The revenue filed two appeals before the ITAT against the orders of the CIT(A). The tax effect in these appeals was below Rs. 10 lakhs.

What were the issues?

Maintainability of revenue appeals before the ITAT based on the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY, JM & SHRI RAJESH KUMAR, AM

Hearing: 4.4.2017

PER RAJESH KUMAR, A. M: These two appeals of the revenue are directed against the two separate orders dated 18.3.2015 passed by the ld.CIT(A)-2, Mumbai. Since these appeals pertain to same assessee and ground of appeal raised therein is identical and therefore these appeals are clubbed together, sake of convenience.

2.

At the outset, we have noticed that the tax effect in these appeals of the revenue is below Rs.10 lakhs, therefore, the same is not maintainable as per the CBDT Circular No.21/2015, dated 10th December, 2015. We found that as per the recent Circular No.21/2015, dated 10th December, 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 same 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 these appeals of the revenue are not maintainable as the tax effect in these appeals are below Rs.10 lakhs. Accordingly, we dismiss the appeals of the revenue.

4.

In the result, the appeals of the revenue are dismissed. Order pronounced in the open court on 4th April, 2017 (SAKTIJIT DEY) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER भुंफई Mumbai; ददनांक Dated : 4.4.2017 SRL,Sr.PS आदेश की प्रततलरपऩ अग्रेपषत/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. 2. प्रत्मथी / The Respondent आमकय आमुक्त(अऩीर) / The CIT(A) 3. 4. आमकय आमुक्त / CIT – concerned पवबागीम प्रतततनधध, आमकय अऩीरीम अधधकयण, भुंफई / DR, ITAT, Mumbai 5. गार्ड पाईर / Guard File 6. आदेशानुसाय/ BY ORDER,उऩ/सहामक ऩंजीकाय (Dy./Asstt.

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