What did the Tribunal hold?

The Tribunal held that the tax effect was below the monetary limit prescribed by the CBDT for appeals before the ITAT. The CBDT circular was applicable retrospectively to pending appeals.

The Revenue filed an appeal against the order of the CIT(A) for AY 2007-08. The tax effect of the disputed amount was Rs. 5,49,441/-.

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 applicable CBDT circular.

ITO vs Mohd. Shahid Mohd. Hasan Momin… | ITAT Mumbai 2016

Income Tax Appellate Tribunal, MUMBAI BENCHES “B” MUMBAI

Before: SHRI JOGINDER SINGH & SHRI N.K. PRADHAN

For Appellant: Mr. Trivikram A. Phadke

For Respondent: Mr. Mohammed Rizwan, Mr. Trivikram A. Phadke

Hearing: 24/10/2016Pronounced: 24/10/2016

ORDER PER N.K.PRADHAN, AM:

Instant appeal by the Revenue is directed against the order dated 25/01/2013 passed by the ld. Commissioner (Appeals)-I, Thane, for AY 2007-08.

The tax effect as per the order of the ld. CIT(A) is Rs. 5,49,441/-. Both the learned Counsel for the parties 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 submissions of the parties 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.

In the result, the appeal stands dismissed.

Order pronounced in the open court on 24 /10/2016

ITO WD 1(2), KALYAN vs. MOHD. SHAHID MOHD. HASAN MOMIN, BHIWANDI

What did the Tribunal hold?

What were the facts?

What were the issues?

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