DCIT 29(1), MUMBAI vs. GHANSHYAM GURSAHANI, MUMBAI

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ITA 2561/MUM/2015Status: DisposedITAT Mumbai28 December 2016AY 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 the appeal is not maintainable as per CBDT Circular No. 21/2015, which sets a monetary limit of Rs. 10 lakhs for filing appeals before the ITAT. This circular is retrospective and applies to pending appeals.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2010-11. The tax effect in the appeal was below Rs. 10 lakhs.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect as per 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, “G” BENCH, MUMBAI

Before: SHRI C.N. PRASAD, JM & SHRI RAJESH KUMAR, AM Shri Ghanshyam Gursahani, Shri G Nantha Kumar Shri M Subramanian

For Respondent: Shri M Subramanian
Hearing: 28.12.206Pronounced: 28.12.2016

PER RAJESH KUMAR, A. M:

The appeal filed by the revenue is directed against the order dated 16.2.2015, passed by the CIT(A)-40, Mumbai, for the assessment year 2010-11. 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,

2 dated 10th December, 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 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 pronounced in the open court on 28th Dec,2016 (C.N. Prasad) (Rajesh Kumar) न्याययक सदस्य / Judicial Member ऱेखा सदस्य / Accountant Member भुंफई Mumbai; ददनधंक Dated : 28.12.2016 SRL,Sr.PS आदेश की प्रनतलरपऩ अग्रेपषत/Copy of the Order forwarded to : 1. अऩीरधथी / The Appellant 2. प्रत्मथी / The Respondent आमकय आमुक्त(अऩीर) / The CIT(A) 3. आमकय आमुक्त / CIT – concerned 4. 5. पवबधगीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुंफई / DR, ITAT, Mumbai गधर्ा पधईर / Guard File 6. आदेशधनुसधय/ BY ORDER,उऩ/सहधमक ऩंजीकधय (Dy./Asstt.

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