ADDL CIT 9(1), MUMBAI vs BUSINESS MATCH SERVICES (I) P.LTD, MUMBAI

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI JOGINDER SINGH, JM & SHRI SANJAY ARORA, AM

For Appellant: Shri D. Prabhakar Reddy, Shri Ravikant S. Pathak

For Respondent: Shri Ravikant S. Pathak

Order : 07.03.2016 आदेश / O R D E R Per Sanjay Arora, A. M.: This is an Appeal by the Revenue directed against the Order by the Commissioner of Income Tax (Appeals)-19, Mumbai (‘CIT(A)’ for short) dated 24.5.2012, partly allowing the Assessee’s appeal contesting its assessment u/s.143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for the assessment year (A.Y.) 2009-10 vide order dated 05.12.2011.

At the very outset, it was submitted by the ld. Authorized Representative (AR), the assessee’s counsel, Shri Ravikant S. Pathak, that the tax effect of the Revenue’s

(A.Y. 2009-10) Dy. CIT vs. Business Match Services (I) P. Ltd. appeal is below Rs.10 lacs, and which is therefore not maintainable u/s. 268A of the Act in view of the recent Instruction issued by the Board (Instruction No. 21 of 2015 dated 10.12.2015 (F. No. 279/Misc/142/2007-IT(PT)). The ld. Departmental Representative (DR) fairly conceded to the said tax effect of the Revenue’s appeal being at Rs.9,98,687/-, i.e., in agreement with the sum worked out by the ld. AR. The same is accordingly not maintainable u/s. 268A of the Act, requiring the appellate authorities to have regard to the monetary limit prescribed by the Board, which per its Circular dated 10.12.2015 (supra) is at Rs.10 lacs for the Appellate Tribunal. The same is therefore dismissed as incompetent. We decide accordingly.

ADDL CIT 9(1), MUMBAI vs. BUSINESS MATCH SERVICES (I) P.LTD, MUMBAI