What did the Tribunal hold?

The Tribunal held that as per the CBDT circular, appeals with a tax effect below Rs. 10 Lacs are not maintainable. Therefore, the appeal filed by the Revenue was dismissed.

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2005-06. The tax effect in the appeal was confirmed to be less than Rs. 10,00,000/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to the low tax effect, in light of CBDT circulars.

ITO vs Manish H Shah | s.254 | ITAT Mumbai 2016

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

Before: SHRI R.C. SHARMA(AM) & SHRI SANDEEP GOSAIN (JM)

For Appellant: Shri. Randhir Gupta

For Respondent: Ms. Aasifa Khan

Hearing: 26/07/2016Pronounced: 26/07/2016

The present appeal has been filed by the Revenue against the order of Ld. Commissioner of Income Tax (Appeals)-27, Mumbai, dated 04/10/2013 for the assessment year 2005-06.

We have heard Ld. Representative of both the parties and also perused the materials placed on record before us.

It is noted by us that tax effect in this case is apparently less than Rs. 10,00,000/-.

3.1 We have gone through the aforesaid circular of the Board. It has been provided in the aforesaid circular that no appeal shall be filed by the Revenue if the tax effect involved in the appeal does not exceed a sum of Rs. 10 Lacs. It has further been provided that instructions contained therein shall apply retrospectively to pending appeals also. Relevant part of the circular is reproduced below:

“10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunal. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed.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.”

3.2. It is confirmed by the Ld. DR that tax effect in this case is less than the amount of Rs.10,00,000/-. As per law, circular of CBDT has binding effect on the income tax authorities.

3.3. In view of the above, we find that the appeal of the Revenue is not maintainable. Therefore, we dismiss the same.

3.4. However, with a view to follow principles of natural justice, we give liberty to the Revenue to file Miscellaneous Application u/s 254 in case tax effect is found to be more than Rs. 10,00,000/-. Further, our order shall have no bearing on the merits of the case.

In the result, the appeal of the Revenue is dismissed.

ITO 16(2)(4), MUMBAI vs. MANISH H SHAH, MUMBAI

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