ACIT CIR 27(2), MUMBAI vs. PRASHANT KANTILAL LATHIA, MUMBAI

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ITA 3713/MUM/2015Status: DisposedITAT Mumbai21 February 2017AY 2010-113 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 of the Revenue was not maintainable as the tax effect was below the Rs. 10 lakhs limit prescribed by CBDT Circular No. 21/2015, which is retrospective. Therefore, the appeal was liable to be dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order for AY 2010-11. The assessee argued that the appeal was not maintainable due to low tax effect as per CBDT Circular No. 21/2015.

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 a CBDT circular.

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, MUMBAI BENCH “G”, MUMBAI

For Appellant: Shri Devendra Jain
Hearing: 21/02/2017Pronounced: 21/02/2017

आदेश / O R D E R

PER CN PRASAD, JM :

1.

The appeal filed by the revenue is directed against the order dated 31.03.2015, passed by the Ld. CIT (Appeals)-25, Mumbai, for the assessment year 2010-11.

2.

At the outset, the Ld. Counsel for the Assessee submitted that the tax effect in this revenue’s appeal is less than Rs.10 lakhs and therefore in view of CBDT

Shri Prashant Kantilal Lathia 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.

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 21st February 2017.

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