What did the Tribunal hold?

The Tribunal noted that the tax effect in the appeals was below the Rs. 10 lakh limit as per CBDT instruction. Therefore, the appeals were not maintainable.

The Revenue filed appeals before the ITAT for assessment year 2007-08. The assessee contended that the total tax effect in these appeals was below the prescribed monetary limit for filing appeals before the Tribunal.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT due to the tax effect being below the prescribed monetary limit.

Addl CIT RG 3(3) vs Suresh K Gursahani | ITAT Mumbai 2016

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

Before: Shri Joginder Singh, & Shri Ashwani Taneja

For Respondent: Shri Prakash K. Jotwani

Hearing: 06/06/2016

आदेश / O R D E R

Per Joginder Singh (Judicial Member) These appeals are by the Revenue, aggrieved by the respective orders dt. 30.12.2011 of the Ld. Commissioner of Income Tax (Appeal) and pertains to different assessees for A.Y 2007-08. 2. During hearing of these appeals, at the outset, Shri Prakash K. Jotwani, ld. counsel for the assessee contended that in the present respective 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 B.S. Bist, did not controvert the factual matrix.

2.1. We 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 respective 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.

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 appeals of the Revenue are not maintainable, therefore, dismissed. Finally, the appeals of the Revenue are dismissed as not maintainable. This order was pronounced in the open court in the presence of ld. representatives from both sides at the conclusion of the hearing on 06/06/2016.

ADDL CIT RG 3(3), MUMBAI vs. SURESH K GURSAHANI, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments