ITO 23(1)(3), MUMBAI vs. MILLENIUM STEEL, MUMBAI

PDF · subscribers
ITA 1485/MUM/2013Status: DisposedITAT Mumbai06 June 2016AY 2005-062 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 found that the tax effect was indeed below the threshold specified in the CBDT circular and no exceptions applied. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 26,42,876/-. The assessee argued that the tax effect was below Rs. 10,00,000/-, making the appeal not maintainable as per CBDT Circular No. 21 of 2015.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect and the applicability of CBDT Circular No. 21 of 2015.

AI-generated summary — verify with the full judgment below

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

Before: SHRI B.R.BASKARAN (AM) & SHRI RAM LAL NEGI (JM)

For Appellant: Shri. Sanjeev Jain
For Respondent: Shri. Darshan Gandhi
Hearing: 06/06/2016Pronounced: 06/06/2016

This appeal has been filed by the revenue against order dated 24/12/2012 passed by the Ld CIT(A)-33, Mumbai for the assessment year 2005-06.

2.

The revenue has challenged the impugned order on following effective ground of appeal:-

“ Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting the addition of Rs. 26,42,876/- on the ground that the opportunity of being heard was not given to the assessee, the CIT(A) ought to have restored the issue back to the file of the A.O.”

3.

At the outset, the Ld. Counsel for the assessee submitted that the tax effect in this case is below 10,00,000/-. Hence, as per the CBDT Circular No. 21 of 2015, dated 10/12/2015, the present appeal is not maintainable.

4.

The Ld. DR fairly admitted that the tax effect in department’s appeal is below 10 Lakhs, We find that the issue raised in appeal does not fall under any of the exceptions specified in para 8 of the Circular. Since, it has been specifically clarified in the Circular aforesaid that the instruction will apply retrospectively to all the pending appeals; the present appeal filed by the revenue is not maintainable. We, therefore, dismiss the same in limine.

Order pronounced in the open court on 6th June, 2016

Recent GST High Court judgments

Search GST case law →