What did the Tribunal hold?

The Tribunal noted that the tax effect was below the monetary limit specified by the CBDT for filing appeals. Therefore, the appeal of the Revenue was not maintainable.

The Revenue filed an appeal before the ITAT. The assessee contended that the total tax effect in the appeal was below the prescribed monetary limit of Rs. 10 lakh.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the prescribed monetary limit as per CBDT instructions.

ITO vs Shaan Marine Serivices P.Ltd | ITAT Mumbai 2017

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

Before: Shri Joginder Singh, & Shri N.K. Pradhan

For Appellant: Shri B.S. Bist-DR, Shri Firoz Andhyarujina

Hearing: 21/02/2017

आदेश / O R D E R

Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 22/01/2013 of the Ld. First Appellate Authority, Mumbai, on the ground stated in the grounds of appeal.

During hearing of this appeal, at the outset, Shri Firoz Andhyarujina, ld. counsel for the assessee, contended that in the present appeal, the total tax effect is below prescribed monetary limit of Rs.10 lakh. The ld. DR, Shri B.S. Bist, 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 present appeal is below prescribed limit of Rs.10 lakh, therefore, CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc./142/ 2007-IT(PT) is applicable, 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. 1. 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/-

3 M/s Shaan Marine Service Pvt. Ltd.

In view of the above instruction, since, the tax effect is less than Rs.10,00,000/-, consequently, the appeal of the Revenue is not maintainable, therefore, dismissed. Finally, the appeal of the Revenue is 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 13/02/2017.

ITO 2(3)(2), MUMBAI vs. SHAAN MARINE SERIVICES P.LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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