ITO 10(3)(2), MUMBAI vs. VIJAYKUMAR GUPTA, NAVI MUMBAI

The appeal filed by the revenue is directed against the order dated 8.1.2013, passed by the Commissioner of Income Tax(A), Mumbai u/s 143(3) of the Income Tax Act for the assessment year 2009-10.

At the outset, we have noticed that the tax effect in the appeal of the revenue is below Rs.10 lakhs, therefore, the same is not maintainable as per the CBDT Circular No.21/2015, dated 10th December, 2015. We found that as per the recent Circular No.21/2015, dated 10th December, 2015, issued by the CBDT, the monetary limit has been revised for filing of appeal 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 same is not maintainable and liable to be dismissed in limine. This Circular is retrospective and applicable to the pending appeals also. 3. 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. 4. In the result, appeal of revenue is dismissed. Order has been pronounced in the Open Court on 19.1.2017. sd (MAHAVIR SINGH ) (RAJESH KUMAR) Judicial Member Accountant Member म ंबई Mumbai; ददनधंक Dated : 19.1.2017. Sr.PS:SRL: