DCIT 12(1), MUMBAI vs. MEHRU S. MEHTA, MUMBAI

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ITA 2707/MUM/2014Status: DisposedITAT Mumbai05 July 2016AY 2006-072 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 agreed with the assessee's submission and found that the appeal was liable to be dismissed in limine based on the CBDT circular regarding monetary limits for appeals.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2006-07. The assessee's counsel pointed out that the tax effect was less than ₹10 lakhs, making the appeal non-maintainable as per CBDT Circular No. 21/2015.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the monetary limit prescribed by CBDT Circular No. 21/2015 for pursuing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” Bench, Mumbai

For Appellant: Shri Hormuzd Jamshedji
Hearing: 5.7.2016Pronounced: 5.7.2016

The appeal filed by the Revenue is directed against the order dated 27.1.2014 passed by learned CIT(A)- 23, Mumbai and it relates to A.Y. 2006- 07.

2.

At the time of hearing learned counsel appearing for the assessee submitted that the quantum in dispute in this appeal of revenue is ` 14,58,750/- and the tax effect involved therein is less than ` 10 lakhs. Accordingly he submitted that, in view of Circular No. 21/2015 dated 10.12.2015, the Revenue is precluded from pursuing this appeal.

3.

Learned Departmental Representative did not dispute the factual aspects presented by learned AR.

4.

Having heard the rival submissions and also taking into consideration the Circular of CBDT referred above, we are of the view that this appeal of revenue is liable to be dismissed in limine.

5.

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

Order has been pronounced in the Court on 5.7.2016

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