What did the Tribunal hold?

The Tribunal noted that the tax effect was below the monetary limit of Rs. 10 lakh for filing appeals before the ITAT as per CBDT instructions. Therefore, the appeal of the Revenue was not maintainable.

The Revenue filed an appeal before the ITAT. The assessee contended that the total tax effect was below the prescribed monetary limit for filing an appeal. The Revenue did not dispute this fact.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the prescribed monetary limit.

ACIT vs Sanwarmal B. Biyani HUF | ITAT Mumbai 2016

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

Before: Shri Joginder Singh,

For Respondent: Shri A.Ramachandran-DR, Shri Ajay R. Singh

Hearing: 05/07/2016

आदेश / O R D E R

The Revenue is aggrieved by the impugned order dated 27/03/2015 of the Ld. First Appellate Authority, Mumbai, on the grounds stated in the grounds of appeal.

During hearing of this appeal, at the outset, Shri Ajay R. Singh, ld. counsel for the assessee contended that in the present appeal, the total tax effect is below prescribed monetary limit of Rs.10 lakh for filing the appeal before this Tribunal. The ld. DR, Shri A. Ramachandran, did not controvert the factual matrix.

2.1. I have considered the rival submissions and perused the material available on record. In view of the above, it is noted that the tax effect in the present appeal is below prescribed limit of Rs.10 lakh for filing the appeal before the Tribunal, as contained in CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc./142/2007-IT(PT), applicable with retrospective effect, wherein, the Department was advised/directed by the Board not to file appeal in the cases where the tax effect does not exceed the following monetary limit.:-

Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No. 1. Before ITAT 10,00,000/- 2. U/s 260 A before Hon’ble High 20,00,000/- Court 3. Before Hon’ble Supreme Court 25,00,000/-

In view of the above instruction, since, the tax effect is less than Rs.10,00,000/-, consequently, the appeal of the Revenue is not maintainable, therefore, dismissed. Finally, the appeal of the Revenue is dismissed as not maintainable. This order was pronounced in the open in the presence of ld. representatives from both sides at the conclusion of the hearing on 05/07/2016.

ACIT 25(1), MUMBAI vs. SANWARMAL B. BIYANI HUF, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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