What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was based on the CBDT's circular which stipulated monetary limits for filing appeals.

The Revenue filed an appeal against the CIT(A)'s order concerning the assessment year 2005-06. The appeal pertained to the value of addition to plant and machinery and the deletion of an amount on account of excess depreciation claim.

What were the issues?

The primary issue was whether the Revenue's appeal should be entertained given the monetary limits prescribed by the CBDT for filing appeals before the ITAT.

ACIT vs Tessitura Monti India P.Ltd | ITAT Mumbai 2016

Income Tax Appellate Tribunal, “E ” BENCH, MUMBAI

Before: SHRI C.N. PRASAD & SHRI RAMIT KOCHAR

Hearing: 04.08.2016Pronounced: 04.08.2016

सुनवाई क" तार"ख / Date of Hearing : 04.08.2016 घोषणा क" तार"ख /Date of Pronouncement : 04.08.2016 आदेश / O R D E R PER C.N. PRASAD, JM:

This appeal by the Revenue is preferred against the order of the Ld. CIT(A)-18, Mumbai dated 21.10.2014 pertaining to assessment year 2005-06. 2. The ground raised by the Revenue reads as under:

1. Whether on the facts and circumstances of the case and in law, was the Ld. CIT(A) justified in upholding the 2 value of addition to the plant and machinery to the tune of Rs. 2,02,15,744/- instead of Rs. 1,88,31,015/- thereby deleting the addition to the tune of Rs. 3,46,182/- on account of excess claim of depreciation

3. Before going into the merits of the case, we consider CBDT’s latest instructions vide Circular No.21/2015 dated 10/12/2015, the relevant portion of which read as under:-

“ Circular No. 21/2015 F No 279/Misc. 142/2007-ITJ (Pt) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes New Delhi the 10th December, 2015 Subject: Revision of monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court - measures for reducing litigation - Reg – Reference is invited to Board's instruction No 5/2014 dated 10.07.2014 wherein monetary limits and other conditions for filing departmental appeals (in Income-tax matters) before Appellate Tribunal and High Courts and SLP before the Supreme Court were specified.

In supersession of the above instruction, it has been decided by the Board that departmental appeals may be filed on merits before Appellate Tribunal and High Courts and SLP before the Supreme Court keeping in view the monetary limits and conditions specified below.

Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: - S. Appeals in Income-tax Monetary Limit No matters (in Rs)

3 1. Before Appellate Tribunal 10,00,000/- 2. Before High Court 20,00,000/- 3. Before Supreme Court 25,00,000/- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”

It is further clarified by the Board in its circular that these instructions will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts and Tribunals. It is also made clear that pending appeals below the monitory limits fixed in para-3 above may be withdrawn or not pressed.

In the case in hand, the total demand as per CIT(A)’s order is less than the amount of Rs. 10,00,000/-, which is below the monetary limits as mentioned in CBDT Circular dated 10.12.2015 (supra). Following the same, this appeal of the Revenue is dismissed.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open court on 4th August, 2016. (RAMIT KOCHAR) (C.N. PRASAD ) लेखा सद"य / ACCOUNTANT MEMBER "या"यक सद"य/JUDICIAL MEMBER मुंबई Mumbai; "दनांक Dated 4th August, 2016 व."न.स./ Rj , Sr. PS

ASST CIT 11(3)(1), MUMBAI vs. TESSITURA MONTI INDIA P.LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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