DCIT 1(1)(1), MUMBAI vs. ALLANA COLD STORAGE LTD, MUMBAI

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ITA 3222/MUM/2015Status: DisposedITAT Mumbai24 February 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with a tax effect of Rs. 10 lacs or less should not be filed and pending appeals falling under this category should be withdrawn or not pressed. The circular is applicable retrospectively.

What were the facts?

The Revenue filed an appeal against the deletion of an addition of expenses relatable to exempted income by the CIT(A). The net tax demand in the appeal was below Rs. 10 lacs.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “J” BENCH, MUMBAI

For Appellant: Shri. Apurva Shah, AR
For Respondent: Shri T. A. Khan, DR, Shri. Apurva Shah, AR

This appeal by the Revenue is arising out of the order of CIT (A)-2, Mumbai in appeal No. CIT (A)-2/IT-131/2013-14 dated 29-01-2015. The Assessment was framed by DCIT Circle-1(1), Mumbai for the A.Y. 2008-09 vide order dated 13-03-2014 u/s 143(3) read with section 254 of the Income Tax Act, 1961 (hereinafter ‘the Act’).

2.

At the outset, it is seen that the relief allowed by CIT(A) on account of deletion of addition of expenses relatable to exempted income u/s 14A of the Act amounting to Rs.20,55,006/-. The net tax demand on this relief will be Rs.6,57,602/-. Hence, net tax effect in this appeal of revenue on the disputed additions made by AO and deleted by CIT (A), is less than Rs. 10 lacs.

3.

During the course of hearing before us, the learned Counsel for the assessee, pointed out that in this case, the net tax demand is Rs.6,57,602/- and thus, the tax effect in this appeal is below Rs.10.00 lacs. The learned Counsel for the assessee further submitted that in view of the CBDT Circular No.21/2015, dated 10.12.2015

M/s Allana Cold Storage Ltd. AY;08-09 brought out by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, the appeal was not maintainable and be dismissed. The learned Sr. DR also agreed to the facts stated by the learned Counsel for the assessee but could not point out whether this case falls under any of the exception provided in the Circular.

4.

We have heard the rival submissions and perused the material on record. We find from the records before us that the tax involved in the disputed issue is below Rs.10 lacs and therefore, in view of the circular No. 21/2015 dated 10th December, 2015 no appeal should be filed by the Revenue before the Tribunal which has tax effect of Rs. 10.00 lacs or less and this circular is also applicable retrospectively to all pending appeals. The relevant extract the said CBDT Circular (Supra) is as under: - “This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

5.

Considering the above, the appeal filed by the Revenue, is therefore, dismissed.

6.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 24-02-2017.

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