What did the Tribunal hold?

The Tribunal dismissed the appeal by following the CBDT's Circular No. 21/2015. This circular stipulated monetary limits for filing departmental appeals, and the tax effect in this case was below the prescribed limit.

What were the issues?

Whether the appeal filed by the Revenue is maintainable in light of the monetary limits prescribed by the CBDT for filing appeals before the ITAT.

ITO vs Shivaashish Gupta | ITAT Mumbai 2016

Q: What were the facts?

The Revenue appealed against the CIT(A)'s order deleting an addition made on account of interest received by the assessee. The CIT(A) had treated the assessee's accounting method as 'Cash Basis'.

Income Tax Appellate Tribunal, “E ” BENCH, MUMBAI

Before: SHRI RAJENDRA & SHRI C.N. PRASAD

Hearing: 21.07.2016Pronounced: 21.07.2016

आदेश / O R D E R PER C.N. PRASAD, JM:

This appeal is filed by the Revenue against the order of the Ld. CIT(A)-10, Mumbai dated 29.9.2014 pertaining to assessment year 2010-11.

2. The ground raised by the Revenue reads as under:

“On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition made on account of interest received by the assessee from MN/s. Sri Sanskar School of Etiquette and Career Development Pvt. Ltd, treating the method of accounting of the assessee as ‘Cash Basis’ without appreciating the fact that interest had been added to the outstanding loan balance of the appellant by the school, and thus the act of receipt had been completed through credit into the account.”

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) 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 21st July, 2016.

ITO 2(3)(1), MUMBAI vs. SHIVAASHISH GUPTA, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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