ITO 23(1)(3), MUMBAI vs. MILLENIUM STEEL, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
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)
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.
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.”
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.
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 →- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026
- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026
- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026