ASST CIT CIR 23(3), MUMBAI vs. VELBAI KHIMJI CHHEDA, MUMBAI

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ITA 5733/MUM/2014Status: DisposedITAT Mumbai05 April 2016AY 2008-093 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 held that the appeal filed by the Revenue was not maintainable due to the tax effect being below the prescribed monetary limit for appeals to the ITAT as per CBDT Circular No. 21 of 2015.

What were the facts?

The Revenue filed an appeal against the CIT(Appeals) order concerning assessment year 2008-09. The disputed amount was Rs. 9,50,880, with a tax effect below the monetary limit for appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT considering the monetary limit prescribed by CBDT Circular No. 21 of 2015.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

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

Before: SHRI JASON P. BOAZ (AM) & SHRI SANDEEP GOSAIN (JM)

For Appellant: Shri. H.M.Wamare
For Respondent: Shri. Nishit Gandhi
Hearing: 05/04/2016Pronounced: 05/04/2016

The aforesaid appeal has been filed by the Revenue against the impugned order of the CIT(Appeals)-33, Mumbai dated 19/06/2014 passed in respect of the order passed u/s 154 of the Income Tax Act, 1961 (in short ‘ the Act’) for assessment year 2008-09.

2.

The grounds raised in this appeal are as under:-

1) " Whether on the facts and in the circumstances of the case, the learned CIT(A) failed to appreciate the fact that the case had not submitted Form No. 10DB during the course of assessment proceedings.”

2) "Whether on the facts and in the circumstances of the case, the learned. CIT(A)failed to appreciate the fact in the order u/s 154, the A.O has explicitly mentioned that the order sheet notings do not indicate that Form No. 10DB was filed during the course of assessment proceedings.”

3) “ The appellant craves leave to add, to amend, alter, substitute or modify any of the above ground or add a fresh ground as and when found necessary either before or at the time of hearing.”

3.

At the outset, it is noticed that, the disputed issue is only Rs. 9,50,880/- and the tax effect on this amount is much below the specified monetary limit of Rs. 10 lakhs. As per the latest CBDT Circular No. 21 of 2015, dated 10th December, 2015, new guidelines of monetary limit for filing of appeals by the Department has been issued, whereby the tax effect for filing of appeal before the ITAT has been prescribed at Rs. 10 lakhs. In the said Circular, it has been specifically clarified that the said instruction will apply retrospectively to all the pending appeals. Accordingly, the appeal filed by the revenue is not maintainable and is dismissed in limine.

Order pronounced in the open court on 5th April, 2016

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