ASST CIT CIR 1, KALYAN vs. MANITEX INDUSTRIES, THANE

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ITA 1834/MUM/2014Status: DisposedITAT Mumbai21 October 2016AY 2008-092 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 revised monetary limit for filing appeals by the Department before the Tribunal as per CBDT Circular No. 21/2015. Therefore, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2008-09. The Assessing Officer had passed an order under section 143(3) of the Act. The tax effect involved in the appeal was less than Rs. 10.00 lacs.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal considering the tax effect and the CBDT circular on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.S.PANNU & SHRI AMARJIT SINGH

For Appellant: Shri Pradeep Kr. Singh
For Respondent: Shri Vimal Punmiya
Hearing: 20/10/2016Pronounced: 21/10/2016

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

The captioned appeal filed by the Revenue pertaining to assessment year 2008-09 is directed against an order passed by CIT(A)-1, Thane dated 04/12/2013, which in turn, arises out of an order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) dated 10/12/2010.

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.

3.

In the result, appeal of the Revenue is dismissed.

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

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