DCIT CIR 3(1), MUMBAI vs. BRIGHT STAR INVESTMENT P.LTD, MUMBAI

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ITA 812/MUM/2014Status: DisposedITAT Mumbai24 February 2016AY 2010-113 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 Rs. 10 lakh limit set by CBDT instructions for appeals before the ITAT. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. During the hearing, 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 the Revenue's appeal 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 “B”, MUMBAI

Before: Shri Joginder Singh, & Shri Sanjay Arora

For Respondent: Shri M. Ranjan-DR, Shri Biharilal
Hearing: 24/02/2016

आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 27/12/2013, of the ld. First Appellate Authority, Mumbai, on the ground as stated in the grounds of appeal.

2.

During hearing of this appeal, the ld. Counsel for the assessee, Shri Biharilal, contended that the tax effect in the present appeal is below the prescribed monetary limit. This factual matrix was not controverted by the ld. DR, Shri M. Ranjan.

1.

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 limit of Rs.10 lakh for filing the appeal before the Tribunal.

2.2. In view of the fact, that the tax effect in the present appeal is below prescribed monetary limit, as contained in CBDT 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/-

M/s Bright Star Investment Pvt. Ltd.

As per the aforesaid instruction/revised monetary limit, the Department is not to file appeal before the Tribunal, wherein, the tax effect is less than Rs.10,00,000/-, consequently, the appeal of the Revenue is not maintainable. Therefore, the appeal of the Revenue is dismissed as 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 24/02/2016.

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