DCIT 10(1), MUMBAI vs. BHARAT COACH BUILDERS P.LTD, MUMBAI

PDF · subscribers
ITA 6277/MUM/2014Status: DisposedITAT Mumbai03 November 2016AY 2010-113 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 instructions. Therefore, the appeal of the Revenue was not maintainable.

What were the facts?

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

What were the issues?

The primary issue was the maintainability of the Revenue's appeal 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 15/07/2014 of the Ld. First Appellate Authority, Mumbai.

2 M/sBharat Coach Builder Pvt. 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 M/sBharat Coach Builder Pvt. 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 03/11/2016.

Recent GST High Court judgments

Search GST case law →