What did the Tribunal hold?

The Tribunal held that the tax effect in the respective appeals was below the prescribed limit of Rs. 10 lakh. Therefore, the appeals filed by the Revenue were not maintainable.

The Revenue filed appeals before the ITAT. The assessee contended that the total tax effect in these appeals was below the prescribed monetary limit for filing appeals before the Tribunal.

What were the issues?

Whether the appeals filed by the Revenue are maintainable before the ITAT when the tax effect is below the prescribed monetary limit.

ACIT vs Max Realities P.Ltd, Navi Mumbai | ITAT Mumbai 2016

Income Tax Appellate Tribunal, MUMBAI BENCHES “B”, MUMBAI

Before: Shri Joginder Singh, & Shri N.K. Pradhan

For Appellant: Shri Jigar Mehta

For Respondent: Shri N.P.Singh CIT- DR

Hearing: 17/11/2016

आदेश / O R D E R

Per Joginder Singh (Judicial Member)

The Revenue is aggrieved by the impugned orders dated 08/04/2013 (Assessment Years 2006-07 and 2007-08) and 09/04/2013 (Assessment Year 2008-09 & 2009-10) of the Ld. First Appellate Authority, Thane, on the grounds as stated in the respective appeal.

During hearing of these appeals, at the outset, Shri Jigar Mehta, ld. counsel for the assessee, contended that in the respective appeal, the total tax effect is below prescribed monetary limit of Rs.10 lakh for filing the appeal before this Tribunal. The ld. CIT-DR, Shri N. K. Singh, did not controvert the claim of the assessee.

2.1. We have considered the rival submissions and perused the material available on record. In view of the above, since the tax effect in the respective appeal is below prescribed limit of Rs.10 lakh for filing the appeal before the Tribunal, as contained in CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc./142/2007-IT(PT), applicable with retrospective effect, wherein, the Department was advised/directed by the Board not to file appeal in the cases where the tax effect does not exceed, the following monetary limit, we find merit in the claim of the assessee.:-

3 M/s Max Realities Pvt. Ltd. to 5148/Mum/2013 Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No.

Before ITAT 10,00,000/- 2. U/s 260 A before Hon’ble High 20,00,000/- Court 3. Before Hon’ble Supreme Court 25,00,000/- In view of the above instruction, since, the tax effect in the respective appeal is less than Rs.10,00,000/-, consequently, the appeals of the Revenue are not maintainable, therefore, dismissed. Finally, the appeals of the Revenue are dismissed. This Order was pronounced in the open court in the presence of ld. representatives from both sides at the conclusion of the hearing on 17/11/2016.

ACIT CEN CIR 2, THANE vs. MAX REALITIES P.LTD, NAVI MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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