ACIT 14(1), MUMBAI vs. MANAN N SHAH, MUMBAI

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ITA 826/MUM/2014Status: DisposedITAT Mumbai19 January 2017AY 2009-102 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 was not maintainable as per CBDT Circular No. 21/2015, which sets a monetary limit of Rs. 10 lakhs for filing appeals by the Revenue. The circular is retrospective and applicable to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order passed by the CIT(A) for the assessment year 2009-10. 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 monetary limit prescribed by the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH, JM & SHRI RAJESH KUMAR, AM

Hearing: 19.1.2017Pronounced: 19.1.2017

O R D E R

PER RAJESH KUMAR, AM

1.

The appeal filed by the revenue is directed against the order dated 18.11.2013, passed by the Commissioner of Income Tax(A), Mumbai u/s 143(3) of the Income Tax Act for the assessment year 2009-10.

2.

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. 6. 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:

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