ASST CIT 11(2), MUMBAI vs. BSR & ASSOCIATES, MUMBAI

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ITA 6149/MUM/2014Status: DisposedITAT Mumbai31 October 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 monetary limit of Rs. 10 lakh as per CBDT instruction. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

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

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is 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, Shri Harsh Kapadia – CA
Hearing: 31/10/2016

आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 28/07/2014 of the Ld. First Appellate Authority, Mumbai.

2 M/s. BSR & Associates, Lodha Excelus

2.

During hearing of this appeal, at the outset, Shri Harsh Kapadia, ld. counsel for the assessee contended that in the present 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 Neil Philiph, did not controvert the factual matrix.

1.

2.1. We have considered the rival submissions 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/s. BSR & Associates, Lodha Excelus Finally, the appeal of the Revenue is dismissed as not maintainable. This Order was pronounced in the open court in the presence of ld. representatives from both sides at the conclusion of the hearing on 31/10/2016.

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