DCIT 5(3)(2), MUMBAI vs. STELLAR DEVELOPERS P.LTD, MUMBAI

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ITA 2448/MUM/2015Status: DisposedITAT Mumbai22 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 noted that as per CBDT Circular No. 21/2015, appeals with a tax effect below Rs. 10 lakhs are not maintainable. Since the tax effect in this case was below the limit, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order for assessment year 2010-11. The Assessee submitted that the tax effect in the appeal was less than Rs. 10 lakhs.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the ITAT based on the monetary limit prescribed by CBDT Circular No. 21/2015.

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri Arju Garotia
Hearing: 22/12/2016Pronounced: 22/12/2016

O R D E R

PER CN PRASAD, JM :

1.

The appeal filed by the revenue is directed against the order dated 25.02.2015, passed by the DCIT Range 5(3), Mumbai, for the assessment year 2010-11.

2.

At the outset, the Ld. Counsel for the Assessee submitted that the tax effect in this revenue’s appeal is less than Rs.10 lakhs and therefore in view of CBDT Circular No. 21/2015 dated 10.12.2015, the appeal is not maintainable. The Ld. DR fairly submits that the tax effect is less than Rs.10 lakhs.

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

2 M/s Stellar Developers Pvt. Ltd 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 22.12.2016.

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