DCIT CC 7(1), MUMBAI vs. MANEESH R. SAPTE, MUMBAI

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ITA 5492/MUM/2016Status: DisposedITAT Mumbai27 February 2017AY 2006-072 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 appeal was not maintainable as per CBDT Circular No. 21/2015, which sets a monetary limit of Rs. 10 lakhs for revenue appeals to the ITAT. This circular is retrospective and applies to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT challenging an order of the CIT(A) for the assessment year 2006-07. The tax effect in the appeal was below Rs. 10 lakhs.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 21/2015

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENCH “D” MUMBAI

Before: SHRI D.T.GARASIA, JM & SHRI RAJESH KUMAR, AM

Hearing: 27.2.2017Pronounced: 27.2.2017

PER RAJESH KUMAR, Accountant Member:

1.

The Revenue has filed this appeal challenging the order dated 20.6.2016 passed by the ld.CIT(A)-49, Mumbai for the assessment year 2006-07.

2.

At the outset, we have noticed that the tax effect in the appeal 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

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