ITO 25(3)(3), MUMBAI vs. LEELADEVI JASRAJ PUROHIT, MUMBAI

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ITA 6626/MUM/2012Status: DisposedITAT Mumbai15 March 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 noted that the tax effect was below the monetary limit of Rs. 10 lakh as per CBDT instruction. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's counsel pointed out that the tax effect in the appeal was below the prescribed monetary limit for filing appeals.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

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

Before: Shri Joginder Singh & Shri Rajendra

For Respondent: Ms. Priya Bhalwal
Hearing: 15/03/2016

आदेश / O R D E R

1.

The Revenue is aggrieved by the impugned order dated 08/08/2012, of the ld. First Appellate Authority, Mumbai.

2.

During hearing of this appeal, the ld. counsel for the assessee, Ms. Priya Bahal, at the outset, brought to our notice that the tax effect in the present appeal is below prescribed monetary limit. This factual matrix was not controverted by the ld. DR, Shri M. Murli.

2.1. We have considered the rival submissions and perused the material available on record. It is noted that the tax effect in the present appeal is below prescribed monetary limit of Rs.10 lakh for filing the appeal before the Tribunal. The CBDT issued 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. 1. 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/-

Since, the tax effect is below prescribed monetary limit, the appeal of the Revenue is not maintainable. Finally, the appeal of the Revenue is dismissed as not maintainable. This Order was pronounced in the open court in the presence of ld. representative from both sides at the conclusion of the hearing on 15/03/2016.

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