ITO 14(2)(4), MUMBAI vs. BRIJMOHAN PURSHOTTAMDAS, MUMBAI

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ITA 1939/MUM/2014Status: DisposedITAT Mumbai03 November 2016AY 2002-033 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 limit of Rs. 10 lakh for filing appeals before the ITAT as per CBDT instruction. Therefore, the appeals of the Revenue were not maintainable.

What were the facts?

The Revenue filed appeals before the ITAT. At the outset, it was brought to the Tribunal's notice that the tax effect involved in the appeals was below the prescribed monetary limit for filing appeals.

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.

AI-generated summary — verify with the full judgment below

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

Before: Shri Joginder Singh, & Shri Ramit Kochar

For Respondent: Shri Neil Philiph - DR
Hearing: 03/11/2016

आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 12/12/2013 of the Ld. First Appellate Authority, Mumbai.

2 M/s. Brijmohan Purushottamdas & 1940/Mum/2014

2.

At the outset it was brought to our notice that the tax effect involved in the present appeals 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 appeals 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 appeals of the Revenue are not maintainable, therefore, dismissed.

3 M/s. Brijmohan Purushottamdas & 1940/Mum/2014 Finally, the appeals of the Revenue are 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 03/11/2016.

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