What did the Tribunal hold?

The Tribunal considered the submission of the Revenue's counsel and noted that the tax effect was below the monetary limit of Rs. 10 lakh as per CBDT instructions. Therefore, the appeal was not maintainable.

The Revenue filed an appeal before the ITAT. The assessee remained absent during the hearing. The Revenue's counsel submitted that the tax effect in the appeal was below the prescribed monetary limit for filing an appeal before the Tribunal.

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 Rasiklal Hirji Shah | ITAT Mumbai 2016

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

Before: Shri Joginder Singh, & Shri Ashwani Taneja

Hearing: 22/06/2016

22/06/2016 सुनवाई क� तार�ख / Date of Hearing : 22/06/2016 आदेश क� तार�ख /Date of Order:

Shri Hitesh Rasiklal Shah आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 30/01/2012 of the Ld. First Appellate Authority, Mumbai.

During hearing of this appeal, none was present for the assessee in spite of issuance of registered AD notice, therefore, we have no option but to proceed ex-parte, qua the assessee and tend to dispose of this appeal on the basis of material available on record. At the outset, the ld. DR, Shri B.S. Bist, contended that the total tax effect in the present appeal is below prescribed monetary limit of Rs.10 lakh for filing the appeal before this Tribunal.

2.1. We have considered the submissions of the ld. DR and perused the material available on record. In view of the submissions of the ld. DR to the effect that the tax effect in the present appeal is below prescribed monetary 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.

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/-

Shri Hitesh Rasiklal Shah In view of the above instruction, since, the tax effect is less than Rs.10,00,000/-, 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. DR at the conclusion of the hearing on 22/06/2016.

ACIT CC 2, KALYAN vs. RASIKLAL HIRJI SHAH, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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