What did the Tribunal hold?

The Tribunal considered the submissions and found that the tax effect in the appeals was below the Rs. 10 lakh limit as per CBDT instruction. Therefore, the appeals filed by the Revenue were not maintainable.

The Revenue filed appeals before the ITAT for assessment years 2007-08, 2008-09, and 2009-10. 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?

The primary issue was the maintainability of the Revenue's appeals before the ITAT due to the tax effect being below the prescribed monetary limit.

Addl CIT Cir 15(1) vs The Nrk & Co | ITAT Mumbai 2016

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

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

For Appellant: Shri M. Subramanian

For Respondent: Shri Purushottam Kumar- DR

Hearing: 16/11/2016

आदेश / O R D E R

Per Bench The Revenue is aggrieved by the impugned orders dated 02/09/2011 (Assessment Years 2007-08 and 2008-09) and 02/11/2012 (Assessment Year 2009-10) of the Ld. First Appellate Authority, Mumbai, on the grounds as stated in the respective appeal.

During hearing of these appeals, at the outset, Shri M. Subramanian, 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. DR, Shri Purushottam Kumar, 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

3 M/s The NRK Co. & 7973/Mum/2011 & ITA No.618/Mum/2013 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.:-

Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No. 1. 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 16/11/2016.

Sd/- Sd/- (N.K. Pradhan) (Joginder Singh) लेखा सद�य / ACCOUNTANT MEMBER �या�यक सद�य / JUDICIAL MEMBER मुंबई Mumbai; �दनांक Dated : 16/11/2016 f{x~{tÜ? P.S /�नजी स�चव आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. आयकर आयु�त(अपील) / The CIT, Mumbai. 4. आयकर आयु�त / CIT(A)- , Mumbai

4 M/s The NRK Co. & 7973/Mum/2011 & ITA No.618/Mum/2013

ADDL CIT CIR 15(1), MUMBAI vs. THE NRK & CO, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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