INCOME TAX OFFICER 25(2)(4), MUMBAI vs. LALIT MEHTA, MUMBAI

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ITA 3413/MUM/2014Status: DisposedITAT Mumbai13 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 was not maintainable as per CBDT Circular No. 21/2015, which sets a monetary limit of Rs. 10 lakhs for revenue appeals to the ITAT. This circular was also applicable to pending appeals.

What were the facts?

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

What were the issues?

Whether an appeal filed by the revenue before the ITAT is maintainable when the tax effect is below the prescribed monetary limit by the CBDT.

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, MUMBAI BENCH “A”, MUMBAI

Before: SHRI SHRI CN PRASAD & SHRI MANOJ KUMAR AGGARWAL

For Appellant: Shri Rajesh Kumar Yadav
For Respondent: Shri Madhur Aggarwal
Hearing: 13/12/2016Pronounced: 13/12/2016

Appellant by : Shri Rajesh Kumar Yadav Respondent by : Shri Madhur Aggarwal Date of Hearing : 13/12/2016 Date of Pronouncement : 13/12/2016 O R D E R PER CN PRASAD, JM :

The appeal filed by the revenue is directed against the order dated 13.03.2013, passed by the CIT(A)-35, 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, 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 2 Shri Lalit Mehta 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 13.12.2016.

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