ITO (TDS) 1(1)(2), MUMBAI vs. ARZOO.COM INDIA P.LTD, MUMBAI

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ITA 3969/MUM/2015Status: DisposedITAT Mumbai06 March 20173 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, the monetary limit for filing appeals before the ITAT by the revenue is Rs. 10 lakhs. Since the tax effect in this case was below the limit, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order for assessment year 2012-13. The assessee's counsel submitted that the tax effect was below Rs. 10 lakhs, making the appeal not maintainable as per CBDT Circular No. 21/2015.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the monetary limit prescribed by CBDT circular.

Which sections of the Income-tax Act were involved?

Section 194,Section 194J,Section 201(1A)

AI-generated summary — verify with the full judgment below

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

Before: SHRI C.N. PRASAD & SHRI RAMIT KOCHAR

For Appellant: Shri B.S. Bist
For Respondent: Shri R.J.Shukla
Hearing: 06/03/2017Pronounced: 06/03/2017

O R D E R

PER C.N. PRASAD, JM :

1.

The appeal filed by the revenue is directed against the order dated 20.04.2015, passed by the Ld. CIT (Appeals)-59, Mumbai, for the assessment year 2012-13.

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 i.e. the amount of tax deductible at source is at Rs.9,49,281/- u/s 194/194J of the Act in this revenue’s appeal excluding the interest charged u/s 201(1A) of the Act.

M/s Arzoo Com India P.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.

4.

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.

5.

In the result, appeal of revenue is dismissed.

Order has been pronounced in the Open Court on 6th March 2017.

Sd/- Sd/- RAMIT KOCHAR C.N.PRASAD लेखा सदस्य / न्याधयक सदस्य / ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Date : 6th March, 2017 LR, SPS

M/s Arzoo Com India P.Ltd. ITA No.3969/Mum/2015

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