K. LAMINATES,MUMBAI vs. ITO WD 4(2), THANE

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ITA 2398/MUM/2013Status: DisposedITAT Mumbai25 October 2016AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was based on the submission of the learned DR and the applicability of the CBDT circular which allows for dismissal of appeals with a tax effect below the prescribed limit.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2008-09. The tax effect of the disputed amount was below the monetary limit prescribed by CBDT circular for appeals before the ITAT.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable before the ITAT given the tax effect and the CBDT circular on monetary limits for appeals.

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: Mr. Mohammed Rizwan
Hearing: 25/10/2016Pronounced: 25/10/2016

ORDER PER N.K.PRADHAN, AM:

Instant appeal by the Revenue is directed against the order dated 27/01/2014 passed by the ld. Commissioner (Appeals)-II, Thane, for AY 2008- 09.

2.

The tax effect as per the order of the ld. CIT(A) is Rs. 5,23,020/-. The learned DR agreed before us that the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs. 10,00,000/- fixed by the CBDT in Circular No. 21 of 2015 dated 10/12/2015 in relation to appeal before the ITAT. Taking into consideration the aforesaid submission and also finding that the CBDT Circular under reference applies retrospectively, even to pending appeals, we dismiss the appeal of the Revenue as not maintainable.

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