ACIT 18(1), MUMBAI vs. MADHULI CO OPERATIVE HOUSING SOCIETY LTD, MUMBAI

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ITA 3312/MUM/2014Status: DisposedITAT Mumbai09 November 2016AY 2009-103 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 the tax effect was below the prescribed monetary limit of Rs. 10 lakh for filing appeals before the ITAT. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect involved in the appeal was brought to the notice of the Tribunal. The Revenue's representative did not controvert this fact.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the ITAT given the tax effect involved.

AI-generated summary — verify with the full judgment below

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

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

For Respondent: Shri O.P. Meena - DR
Hearing: 09/11/2016

आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 05/02/2014 of the Ld. First Appellate Authority, Mumbai.

2 Madhuli Co-op Housing Society Ltd.

2.

At the outset, it was brought to our notice that the tax effect involved in the present appeal is below prescribed monetary limit of Rs.10 lakh for filing the appeal before this Tribunal. The ld. DR, Shri Neil Philiph, did not controvert the factual matrix.

1.

2.1. We have considered the submission of ld. DR and perused the material available on record. In view of the above, it is noted that the tax effect in the present 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.:-

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 is less than Rs.10,00,000/-, consequently, the appeal of the Revenue is not maintainable, therefore, dismissed.

3 Madhuli Co-op Housing Society Ltd.

Finally, the appeal of the Revenue is dismissed as not maintainable. This Order was pronounced in the open court in the presence of ld. DR at the conclusion of the hearing on 09/11/2016.

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