DCIT 3(2), MUMBAI vs. M. VISVESWARAYA INDUSTRIAL RESEARCH & DEVELOPMENT CENTRE, MUMBAI

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ITA 4145/MUM/2014Status: DisposedITAT Mumbai23 January 2017AY 2002-033 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 noted that the tax effect was below the prescribed limit of Rs. 10 lakh for filing appeals before the ITAT as per CBDT instructions. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. During the hearing, no one appeared for the assessee. The Revenue's counsel conceded that the tax effect in the appeal was below the prescribed monetary limit for filing appeals.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES, ‘B’ MUMBAI

Before: Shri Joginder Singh, & Shri Ramit Kochar

Hearing: 23/01/2017

आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 03/12/2013 of the Ld. First Appellate Authority, Mumbai, on the grounds stated in the grounds of appeal

2. During hearing of this appeal, none was present for the assessee, in spite of the fact that the registered AD notices were sent to the assessee. Under the circumstances, we have no option but to proceed ex-parte, qua the assessee and tend to dispose off this appeal on the basis of material available on record. At the outset, it was brought to our notice that the tax effect in the present appeal is below prescribed monetary limit. This factual matrix was not controverted by the ld. DR, Ms. Rama Priya Raghavan.

2.1. We have considered the submissions of Ld. DR 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 for filing the appeal before the Tribunal, as contained in CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc. /142/2007-IT(PT), applicable with retrospective effect, 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.:-

3 M/s Visveswaraya Industrial Research & Development Centre 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/- 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. DR at the conclusion of the hearing on 28/12/2016. Sd/- Sd/- (Ramit Kochar) (Joginder Singh) लेखा सद�य / ACCOUNTANT MEMBER �या�यक सद�य /JUDICIAL MEMBER मुंबई Mumbai; �दनांक Dated : 23/01/2017 f{x~{tÜ? P.S //.�न.स. आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant (Respective assessee) 2. ��यथ� / The Respondent. 3. आयकर आयु�त(अपील) / The CIT, Mumbai. 4. आयकर आयु�त / CIT(A)- , Mumbai, 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, मुंबई / DR, ITAT, Mumbai 6. गाड� फाईल / Guard file.

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