ASST CIT 18(3), MUMBAI vs. SULESHWARI TRUST, MUMBAI

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ITA 249/MUM/2015Status: DisposedITAT Mumbai30 January 2017AY 2010-112 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 below Rs. 10 lakhs are not maintainable. This circular is retrospective and applies to pending appeals.

What were the facts?

The revenue filed an appeal before the ITAT against the order of the CIT(Appeals) for assessment year 2010-11. 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 set by CBDT circulars.

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri Asgarzain V.P
Hearing: 30/01/2017Pronounced: 30/01/2017

O R D E R

PER CN PRASAD, JM :

1.

The appeal filed by the revenue is directed against the order dated 07.11.2014, passed by the Ld. CIT (Appeals) -25, Mumbai, for the assessment year 2010-11.

At the outset, the Ld DR admitted that the tax effect in the appeal of 2. the revenue is below Rs.10 lakhs and therefore, the same is not maintainable as per the CBDT Circular No. 21/2015 dated 10.12.2015. None appeared on behalf of the assessee.

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 M/s Suleshwari Trust ITAT by the revenue fixing the tax effect limit at Rs.10 lakhs. In the instant case, the tax effect is below Rs.10 lakhs, therefore the same is not maintainable and liable to be dismissed in limine. It is further clarified in this Circular that it 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 30.01.2017.

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