What did the Tribunal hold?

The Tribunal noted that the tax effect in the appeal was below the revised monetary limit for filing appeals as per CBDT Circular No. 21/2015. Therefore, the appeal was dismissed as not maintainable.

The Revenue filed an appeal against an order of the CIT(A) for assessment year 2003-04. The appeal arose from an order passed by the Assessing Officer under section 144 of the Income Tax Act.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect and the CBDT's revised monetary limits for appeals.

ACIT vs Sri. M.H. Patel | s.144 | ITAT Mumbai 2016

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

Before: SHRI G.S.PANNU & SHRI AMARJIT SINGHShri M.H.Patel,

For Appellant: Shri Mohammed Rizwan

For Respondent: Shri M.H.Patel

Hearing: 19/10/2016Pronounced: 21/10/2016

ORDER PER G.S.PANNU,A.M:

The captioned appeal filed by the Revenue pertaining to assessment year 2003-04 is directed against an order passed by CIT(A)-XXIV, Mumbai dated 29/09/2006, which in turn, arises out of an order passed by the Assessing Officer under section 144 of the Income Tax Act, 1961 (in short ‘the Act’) dated 10/02/2006.

2 (Assessment Year 2003-04) 2. At the outset, it is noticed that the tax effect involved in this appeal is less than Rs.10.00 lacs. The CBDT vide Circular No.21/2015 dated 10/12/2015 has revised the monetary limits for filing of appeals by the Department before the Tribunal retrospectively. Since the tax effect in dispute in the captioned appeal is stated to be below the monetary limit of Rs.10.00 lacs specified in the CBDT Circular dated 10/12/2015 (supra), the same is dismissed as not maintainable.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on 21/10/2016

ACIT - 24(2), MUMBAI vs. SRI. M.H. PATEL, MUMBAI

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What were the facts?

What were the issues?

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