ITO 15(1)(2), MUMBAI vs. SHREE VISHWESHWAR SAHAKARI PATPEDHI MARYADIT, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the tax effect was below the threshold specified in CBDT Circular No. 21/2015. This circular mandates that appeals with a tax effect of Rs. 10.00 lakhs or less should not be filed or pressed by the Revenue.
What were the facts?
The Revenue filed an appeal before the ITAT against the order of the CIT(A) for AY 2010-11. The tax effect in the appeal was below Rs. 10.00 lakhs.
What were the issues?
Maintainability of the appeal by the Revenue before the ITAT in light of the CBDT circular regarding monetary limits for filing appeals.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “E”, MUMBAI
Before: SHRI R.C. SHARMA & SHRI AMIT SHUKLA
PER R.C. SHARMA, ACCOUNTANT MEMBER :
This is an appeal filed by the Revenue against the order of Ld. CIT(A) for the AY 2010-11.
We have heard Ld. Representative of both the parties and also perused the materials placed on record before us.
At the outset it was contended by the Ld. AR that the tax effect in this appeal is below Rs.10.00 lakhs and further submitted that in view of the CBDT Circular No.21/2015, dated 10.12.2015 brought out by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance , Government of India, the appeal was not maintainable and be dismissed. The ld. DR also agreed to the submission of the ld. AR.
We have heard the rival submissions and perused the material on record. We find from the records before us that the tax involved in the disputed issue is below Rs.10 Lacs and therefore, in view of the circular no 21/2015 dated 10th December, 2015 no appeals should be filed by the Revenue before the Tribunal which has tax effect of Rs. 10.00 lacs or less and this circular is also applicable retrospectively to all pending appeals. The relevant extract the said CBDT Circular (Supra) is as under:- “This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”
Considering the above, the appeal filed by the Revenue, is therefore dismissed.
In the result, the appeal of the Revenue is dismissed.
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